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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

266360

CHAMBER ACTION

Senate

Floor: WD/2R

4/30/2008 6:37 PM

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House



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Senator Baker moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (h) of subsection (2) of section

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20.23, Florida Statutes, is amended to read:

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     20.23  Department of Transportation.--There is created a

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Department of Transportation which shall be a decentralized

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agency.

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     (2)

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     (h)  The commission shall appoint an executive director and

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assistant executive director, who shall serve under the

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direction, supervision, and control of the commission. The

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executive director, with the consent of the commission, shall

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employ such staff as are necessary to perform adequately the

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functions of the commission, within budgetary limitations. All

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employees of the commission are exempt from part II of chapter

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110 and shall serve at the pleasure of the commission. The salary

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and benefits of the executive director shall be set in accordance

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with the Senior Management Service. The salaries and benefits of

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all other employees of the commission shall be set in accordance

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with the Selected Exempt Service; provided, however, that the

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commission has shall have complete authority for fixing the

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salary of the executive director and assistant executive

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director.          

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     Section 2.  Subsection (5) of section 125.42, Florida

28

Statutes, is amended to read:

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     125.42  Water, sewage, gas, power, telephone, other utility,

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and television lines along county roads and highways.--

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     (5)  In the event of widening, repair, or reconstruction of

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any such road, the licensee shall move or remove such water,

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sewage, gas, power, telephone, and other utility lines and

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television lines at no cost to the county except as provided in

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s. 337.403(1)(e).

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     Section 3.  Paragraphs (a), (h), and (j) of subsection (6)

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of section 163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; lands

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adjacent to an airport as defined in s. 330.35 and consistent

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with provisions in s. 333.02; and, in rural communities, the need

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for job creation, capital investment, and economic development

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that will strengthen and diversify the community's economy. The

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future land use plan may designate areas for future planned

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development use involving combinations of types of uses for which

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special regulations may be necessary to ensure development in

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accord with the principles and standards of the comprehensive

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plan and this act. The future land use plan element shall include

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criteria to be used to achieve the compatibility of adjacent or

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closely proximate lands with military installations; lands

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adjacent to an airport as defined in s. 330.35 and consistent

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with provisions in s. 333.02. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need for

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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future land use plan of a county may also designate areas for

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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land use categories in which public schools are an allowable use.

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When delineating the land use categories in which public schools

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are an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments contained in s. 163.3187. The future land use

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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defined as a county with a population of 100,000 or fewer, an

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agricultural land use category shall be eligible for the location

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of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

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with such criteria. Local governments required to update or amend

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their comprehensive plan to include criteria and address

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compatibility of lands adjacent to an airport as defined in s.

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330.35 and consistent with provisions in s. 333.02 adjacent or

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closely proximate lands with existing military installations in

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their future land use plan element shall transmit the update or

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amendment to the state land planning agency department by June

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30, 2011 2006.

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     (h)1.  An intergovernmental coordination element showing

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relationships and stating principles and guidelines to be used in

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the accomplishment of coordination of the adopted comprehensive

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plan with the plans of school boards, regional water supply

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authorities, and other units of local government providing

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services but not having regulatory authority over the use of

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land, with the comprehensive plans of adjacent municipalities,

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the county, adjacent counties, or the region, with the state

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comprehensive plan and with the applicable regional water supply

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plan approved pursuant to s. 373.0361, as the case may require

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and as such adopted plans or plans in preparation may exist. This

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element of the local comprehensive plan shall demonstrate

143

consideration of the particular effects of the local plan, when

144

adopted, upon the development of adjacent municipalities, the

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county, adjacent counties, or the region, or upon the state

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comprehensive plan, as the case may require.

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     a.  The intergovernmental coordination element shall provide

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for procedures to identify and implement joint planning areas,

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especially for the purpose of annexation, municipal

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incorporation, and joint infrastructure service areas.

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     b.  The intergovernmental coordination element shall provide

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for recognition of campus master plans prepared pursuant to s.

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1013.30, and airport master plans pursuant to paragraph (k).

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     c.  The intergovernmental coordination element may provide

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for a voluntary dispute resolution process as established

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pursuant to s. 186.509 for bringing to closure in a timely manner

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intergovernmental disputes. A local government may develop and

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use an alternative local dispute resolution process for this

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purpose.

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     d. The intergovernmental coordination element shall provide

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for interlocal agreements, as established pursuant to s.

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333.03(1)(b).

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     2.  The intergovernmental coordination element shall further

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state principles and guidelines to be used in the accomplishment

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of coordination of the adopted comprehensive plan with the plans

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of school boards and other units of local government providing

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facilities and services but not having regulatory authority over

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the use of land. In addition, the intergovernmental coordination

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element shall describe joint processes for collaborative planning

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and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

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to concurrency, and siting facilities with countywide

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significance, including locally unwanted land uses whose nature

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and identity are established in an agreement. Within 1 year of

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adopting their intergovernmental coordination elements, each

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county, all the municipalities within that county, the district

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school board, and any unit of local government service providers

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in that county shall establish by interlocal or other formal

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agreement executed by all affected entities, the joint processes

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described in this subparagraph consistent with their adopted

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intergovernmental coordination elements.

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     3.  To foster coordination between special districts and

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local general-purpose governments as local general-purpose

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governments implement local comprehensive plans, each independent

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special district must submit a public facilities report to the

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appropriate local government as required by s. 189.415.

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     4.a.  Local governments must execute an interlocal agreement

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with the district school board, the county, and nonexempt

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municipalities pursuant to s. 163.31777. The local government

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shall amend the intergovernmental coordination element to provide

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that coordination between the local government and school board

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is pursuant to the agreement and shall state the obligations of

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the local government under the agreement.

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     b.  Plan amendments that comply with this subparagraph are

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exempt from the provisions of s. 163.3187(1).

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     5.  The state land planning agency shall establish a

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schedule for phased completion and transmittal of plan amendments

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to implement subparagraphs 1., 2., and 3. from all jurisdictions

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so as to accomplish their adoption by December 31, 1999. A local

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government may complete and transmit its plan amendments to carry

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out these provisions prior to the scheduled date established by

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the state land planning agency. The plan amendments are exempt

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from the provisions of s. 163.3187(1).

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     6.  By January 1, 2004, any county having a population

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greater than 100,000, and the municipalities and special

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districts within that county, shall submit a report to the

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Department of Community Affairs which:

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     a.  Identifies all existing or proposed interlocal service

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delivery agreements regarding the following: education; sanitary

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sewer; public safety; solid waste; drainage; potable water; parks

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and recreation; and transportation facilities.

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     b.  Identifies any deficits or duplication in the provision

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of services within its jurisdiction, whether capital or

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operational. Upon request, the Department of Community Affairs

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shall provide technical assistance to the local governments in

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identifying deficits or duplication.

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     7.  Within 6 months after submission of the report, the

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Department of Community Affairs shall, through the appropriate

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regional planning council, coordinate a meeting of all local

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governments within the regional planning area to discuss the

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reports and potential strategies to remedy any identified

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deficiencies or duplications.

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     8.  Each local government shall update its intergovernmental

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coordination element based upon the findings in the report

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submitted pursuant to subparagraph 6. The report may be used as

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supporting data and analysis for the intergovernmental

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coordination element.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6.  The capability to evacuate the coastal population prior

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to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports that includes areas

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defined in s. 333.01 and s. 333.02.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public transportation

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corridors so as to encourage population densities sufficient to

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support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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     Section 4.  Subsection (3) of section 163.3178, Florida

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Statutes, is amended to read:

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     163.3178  Coastal management.--

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     (3)  Expansions to port harbors, spoil disposal sites,

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navigation channels, turning basins, harbor berths, and other

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related inwater harbor facilities of ports listed in s.

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403.021(9); port transportation facilities and projects listed in

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s. 311.07(3)(b); and intermodal transportation facilities

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identified pursuant to s. 311.09(3); and facilities determined by

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the Department of Community Affairs and the applicable general-

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purpose local government to be port-related industrial or

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commercial projects located within 3 miles of or in the port

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master plan area which rely upon the utilization of port and

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intermodal transportation facilities shall not be developments of

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regional impact where such expansions, projects, or facilities

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are consistent with comprehensive master plans that are in

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compliance with this section.

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     Section 5.  Subsections (9) and (12) of section 163.3180,

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Florida Statutes, are amended to read:

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     163.3180  Concurrency.--

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     (9)(a)  Each local government may adopt as a part of its

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plan, long-term transportation and school concurrency management

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systems with a planning period of up to 10 years for specially

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designated districts or areas where significant backlogs exist.

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The plan may include interim level-of-service standards on

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certain facilities and shall rely on the local government's

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schedule of capital improvements for up to 10 years as a basis

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for issuing development orders that authorize commencement of

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construction in these designated districts or areas. The

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concurrency management system must be designed to correct

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existing deficiencies and set priorities for addressing

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backlogged facilities. The concurrency management system must be

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financially feasible and consistent with other portions of the

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adopted local plan, including the future land use map.

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     (b)  If a local government has a transportation or school

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facility backlog for existing development which cannot be

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adequately addressed in a 10-year plan, the state land planning

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agency may allow it to develop a plan and long-term schedule of

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capital improvements covering up to 15 years for good and

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sufficient cause, based on a general comparison between that

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local government and all other similarly situated local

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jurisdictions, using the following factors:

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     1.  The extent of the backlog.

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     2.  For roads, whether the backlog is on local or state

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roads.

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     3.  The cost of eliminating the backlog.

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     4.  The local government's tax and other revenue-raising

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efforts.

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     (c)  The local government may issue approvals to commence

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construction notwithstanding this section, consistent with and in

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areas that are subject to a long-term concurrency management

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system.

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     (d)  If the local government adopts a long-term concurrency

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management system, it must evaluate the system periodically. At a

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minimum, the local government must assess its progress toward

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improving levels of service within the long-term concurrency

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management district or area in the evaluation and appraisal

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report and determine any changes that are necessary to accelerate

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progress in meeting acceptable levels of service.

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     (e) The Department of Transportation shall establish an

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approved transportation methodology that recognizes that a

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planned, sustainable development of regional impact is likely to

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achieve an internal capture rate greater than 30 percent when

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fully developed. The transportation methodology must use a

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regional transportation model that incorporates professionally

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accepted modeling techniques applicable to well-planned,

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sustainable communities of the size, location, mix of uses, and

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design features consistent with such communities. The adopted

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transportation methodology shall serve as the basis for

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sustainable development traffic impact assessments by the

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department. The methodology review must be completed and in use

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by March 1, 2009.

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     (12)  A development of regional impact may satisfy the

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transportation concurrency requirements of the local

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comprehensive plan, the local government's concurrency management

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system, and s. 380.06 by payment of a proportionate-share

334

contribution for local and regionally significant traffic

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impacts, if:

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     (a)  The development of regional impact which, based on its

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location or mix of land uses, is designed to encourage pedestrian

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or other nonautomotive modes of transportation;

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     (b)  The proportionate-share contribution for local and

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regionally significant traffic impacts is sufficient to pay for

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one or more required mobility improvements that will benefit a

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regionally significant transportation facility;

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     (c)  The owner and developer of the development of regional

344

impact pays or assures payment of the proportionate-share

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contribution; and

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     (d)  If the regionally significant transportation facility

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to be constructed or improved is under the maintenance authority

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of a governmental entity, as defined by s. 334.03(12), other than

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the local government with jurisdiction over the development of

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regional impact, the developer is required to enter into a

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binding and legally enforceable commitment to transfer funds to

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the governmental entity having maintenance authority or to

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otherwise assure construction or improvement of the facility.

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The proportionate-share contribution may be applied to any

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transportation facility to satisfy the provisions of this

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subsection and the local comprehensive plan, but, for the

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purposes of this subsection, the amount of the proportionate-

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share contribution shall be calculated based upon the cumulative

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number of trips from the proposed development expected to reach

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roadways during the peak hour from the complete buildout of a

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stage or phase being approved, divided by the change in the peak

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hour maximum service volume of roadways resulting from

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construction of an improvement necessary to maintain the adopted

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level of service, multiplied by the construction cost, at the

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time of developer payment, of the improvement necessary to

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maintain the adopted level of service. The determination of

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mitigation for a subsequent phase or stage of development shall

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account for any mitigation required by the development order and

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provided by the developer for any earlier phase or stage,

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calculated at present value. For purposes of this subsection, the

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term "present value" means the fair market value of right-of-way

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at the time of contribution or the actual dollar value of the

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construction improvements contribution adjusted by the Consumer

375

Price Index. For purposes of this subsection, "construction cost"

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includes all associated costs of the improvement. Proportionate-

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share mitigation shall be limited to ensure that a development of

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regional impact meeting the requirements of this subsection

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mitigates its impact on the transportation system but is not

380

responsible for the additional cost of reducing or eliminating

381

backlogs. For purposes of this subsection, "backlogged

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transportation facility" is defined as one on which the adopted

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level-of-service standard is exceeded by the existing trips plus

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committed trips. A developer may not be required to fund or

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construct proportionate share mitigation for any backlogged

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transportation facility which is more extensive than mitigation

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necessary to offset the impact of the development project in

388

question. This subsection also applies to Florida Quality

389

Developments pursuant to s. 380.061 and to detailed specific area

390

plans implementing optional sector plans pursuant to s. 163.3245.

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     Section 6.  Paragraph (c) is added to subsection (2) of

392

section 163.3182, Florida Statutes, and paragraph (d) of

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subsection (3), paragraph (a) of subsection (4), and subsections

394

(5) and (8) of that section are amended, to read:

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     163.3182  Transportation concurrency backlogs.--

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     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITIES.--

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     (c) The Legislature finds and declares that there exists in

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many counties and municipalities areas with significant

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transportation deficiencies and inadequate transportation

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facilities; that many such insufficiencies and inadequacies

402

severely limit or prohibit the satisfaction of transportation

403

concurrency standards; that such transportation insufficiencies

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and inadequacies affect the health, safety, and welfare of the

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residents of such counties and municipalities; that such

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transportation insufficiencies and inadequacies adversely affect

407

economic development and growth of the tax base for the areas in

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which such insufficiencies and inadequacies exist; and that the

409

elimination of transportation deficiencies and inadequacies and

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the satisfaction of transportation concurrency standards are

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paramount public purposes for the state and its counties and

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municipalities.

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     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITY.--Each transportation concurrency backlog authority has

415

the powers necessary or convenient to carry out the purposes of

416

this section, including the following powers in addition to

417

others granted in this section:

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     (d) To borrow money, including, but not limited to, issuing

419

debt obligations, such as, but not limited to, bonds, notes,

420

certificates, and similar debt instruments; to apply for and

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accept advances, loans, grants, contributions, and any other

422

forms of financial assistance from the Federal Government or the

423

state, county, or any other public body or from any sources,

424

public or private, for the purposes of this part; to give such

425

security as may be required; to enter into and carry out

426

contracts or agreements; and to include in any contracts for

427

financial assistance with the Federal Government for or with

428

respect to a transportation concurrency backlog project and

429

related activities such conditions imposed pursuant to federal

430

laws as the transportation concurrency backlog authority

431

considers reasonable and appropriate and which are not

432

inconsistent with the purposes of this section.

433

     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

434

     (a)  Each transportation concurrency backlog authority shall

435

adopt a transportation concurrency backlog plan as a part of the

436

local government comprehensive plan within 6 months after the

437

creation of the authority. The plan shall:

438

     1.  Identify all transportation facilities that have been

439

designated as deficient and require the expenditure of moneys to

440

upgrade, modify, or mitigate the deficiency.

441

     2.  Include a priority listing of all transportation

442

facilities that have been designated as deficient and do not

443

satisfy concurrency requirements pursuant to s. 163.3180, and the

444

applicable local government comprehensive plan.

445

     3.  Establish a schedule for financing and construction of

446

transportation concurrency backlog projects that will eliminate

447

transportation concurrency backlogs within the jurisdiction of

448

the authority within 10 years after the transportation

449

concurrency backlog plan adoption. The schedule shall be adopted

450

as part of the local government comprehensive plan.

451

Notwithstanding such schedule requirements, as long as the

452

schedule provides for the elimination of all transportation

453

concurrency backlogs within 10 years after the adoption of the

454

concurrency backlog plan, the final maturity date of any debt

455

incurred to finance or refinance the related projects may be no

456

later than 40 years after the date such debt is incurred and the

457

authority may continue operations and administer the trust fund

458

established as provided in subsection (5) for as long as such

459

debt remains outstanding.

460

     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation

461

concurrency backlog authority shall establish a local

462

transportation concurrency backlog trust fund upon creation of

463

the authority. Each local trust fund shall be administered by the

464

transportation concurrency backlog authority within which a

465

transportation concurrency backlog has been identified. Each

466

local trust fund shall continue to be funded pursuant to this

467

section for as long as the projects set forth in the related

468

transportation concurrency backlog plan remain to be completed or

469

until any debt incurred to finance or refinance the related

470

projects are no longer outstanding, whichever occurs later.

471

Beginning in the first fiscal year after the creation of the

472

authority, each local trust fund shall be funded by the proceeds

473

of an ad valorem tax increment collected within each

474

transportation concurrency backlog area to be determined annually

475

and shall be a minimum of 25 percent of the difference between

476

the amounts set forth in paragraphs (a) and (b), except that if

477

all of the affected taxing authorities agree pursuant to an

478

interlocal agreement, a particular local trust fund may be funded

479

by the proceeds of an ad valorem tax increment greater than 25

480

percent of the difference between the amounts set forth in

481

paragraphs (a) and (b):

482

     (a)  The amount of ad valorem tax levied each year by each

483

taxing authority, exclusive of any amount from any debt service

484

millage, on taxable real property contained within the

485

jurisdiction of the transportation concurrency backlog authority

486

and within the transportation backlog area; and

487

     (b)  The amount of ad valorem taxes which would have been

488

produced by the rate upon which the tax is levied each year by or

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for each taxing authority, exclusive of any debt service millage,

490

upon the total of the assessed value of the taxable real property

491

within the transportation concurrency backlog area as shown on

492

the most recent assessment roll used in connection with the

493

taxation of such property of each taxing authority prior to the

494

effective date of the ordinance funding the trust fund.

495

     (8)  DISSOLUTION.--Upon completion of all transportation

496

concurrency backlog projects and repayment or defeasance of all

497

debt issued to finance or refinance such projects, a

498

transportation concurrency backlog authority shall be dissolved,

499

and its assets and liabilities shall be transferred to the county

500

or municipality within which the authority is located. All

501

remaining assets of the authority must be used for implementation

502

of transportation projects within the jurisdiction of the

503

authority. The local government comprehensive plan shall be

504

amended to remove the transportation concurrency backlog plan.

505

     Section 7. The Legislature finds that prudent and sound

506

infrastructure investments by the State Board of Administration

507

of funds from the Lawton Chiles Endowment Fund in Florida

508

infrastructure, specifically state-owned toll roads and toll

509

facilities, which have potential to earn stable and competitive

510

returns will serve the broad interests of the beneficiaries of

511

the trust fund. The Legislature further finds that such

512

infrastructure investments are being made by public investment

513

funds worldwide and are being made or evaluated by public

514

investment funds in many other states in this country. Therefore,

515

it is a policy of this state that the State Board of

516

Administration identify and invest in Florida infrastructure

517

investments if such investments are consistent with and do not

518

compromise or conflict with the obligations of the State Board of

519

Administration.

520

     Section 8.  Subsection (5) of section 215.44, Florida

521

Statutes, is amended to read:

522

     215.44  Board of Administration; powers and duties in

523

relation to investment of trust funds.--

524

     (5)  On or before January 1 of each year, the board shall

525

provide to the Legislature a report including the following items

526

for each fund which, by law, has been entrusted to the board for

527

investment:

528

     (a)  A schedule of the annual beginning and ending asset

529

values and changes and sources of changes in the asset value of:

530

     1.  Each fund managed by the board; and

531

     2.  Each asset class and portfolio within the Florida

532

Retirement System Trust Fund;

533

     (b)  A description of the investment policy for each fund,

534

and changes in investment policy for each fund since the previous

535

annual report;

536

     (c)  A description of compliance with investment strategy

537

for each fund;

538

     (d)  A description of the risks inherent in investing in

539

financial instruments of the major asset classes held in the

540

fund; and

541

     (e) A summary of the type and amount of infrastructure

542

investments held in the fund; and

543

     (f)(e) Other information deemed of interest by the

544

executive director of the board.

545

     Section 9.  Subsection (14) of section 215.47, Florida

546

Statutes, is amended to read:

547

     215.47  Investments; authorized securities; loan of

548

securities.--Subject to the limitations and conditions of the

549

State Constitution or of the trust agreement relating to a trust

550

fund, moneys available for investments under ss. 215.44-215.53

551

may be invested as follows:

552

     (14) With no more in aggregate than 10 5 percent of any

553

fund in alternative investments, as defined in s.

554

215.44(8)(c)1.a., through participation in the vehicles defined

555

in s. 215.44(8)(c)1.b. or infrastructure investments or

556

securities or investments that are not publicly traded and are

557

not otherwise authorized by this section. As used in this

558

subsection, the term "infrastructure investments" includes, but

559

is not limited to, investments in transportation, communication,

560

social, and utility infrastructure assets that have from time to

561

time been owned and operated or funded by governments.

562

Infrastructure assets include, but are not limited to, toll

563

roads, toll facilities, tunnels, rail facilities, intermodal

564

facilities, airports, seaports, water distribution, sewage and

565

desalination treatment facilities, cell towers, cable networks,

566

broadcast towers, and energy production and transmission

567

facilities. Investments that are the subject of this subsection

568

may be effected through separate accounts, commingled vehicles,

569

including, but not limited to, limited partnerships or limited

570

liability companies, and direct equity, debt, mezzanine, claims,

571

leases, or other financial arrangements without reference to

572

limitations within this section. Expenditures associated with the

573

acquisition and operation of actual or potential infrastructure

574

assets shall be included as part of the cost of infrastructure

575

investment.

576

     Section 10.  Paragraph (f) is added to subsection (4) of

577

section 215.5601, Florida Statutes, to read:

578

     215.5601  Lawton Chiles Endowment Fund.--

579

     (4)  ADMINISTRATION.--

580

     (f) Notwithstanding other provisions of law, the board,

581

consistent with its fiduciary duties, shall lease, for up to 50

582

years in whole or in part, the Alligator Alley from the

583

Department of Transportation using funds in the endowment if such

584

investments are determined to provide an adequate rate of return

585

to the endowment considering all investment risks involved, and

586

if the amount of such investments is not less than 20 percent and

587

not more than 50 percent of the assets of the endowment at the

588

time. The State Board of Administration shall make such

589

investments prior to the end of the 2009-2010 fiscal year, and

590

shall strive to make such investments prior to the end of the

591

2008-2009 fiscal year, consistent with its fiduciary duties. The

592

board shall make a progress report to the President of the Senate

593

and the Speaker of the House of Representatives by March 1, 2009.

594

The board may contract with the Department of Transportation,

595

other governmental entities, public benefit corporations, or

596

private-sector entities, as appropriate, to operate and maintain

597

the toll facility consistent with applicable federal and state

598

laws and rules.

599

     Section 11.  Section 334.305, Florida Statutes, is created

600

to read:

601

     334.305 Lease of transportation facilities.--The

602

Legislature finds and declares that there is a public need for

603

the lease of transportation facilities to assist in the funding

604

of the rapid construction of other safe and efficient

605

transportation facilities for the purpose of promoting the

606

mobility of persons and goods within this state, and that it is

607

in the public's interest to provide for such lease to advance the

608

construction of additional safe, convenient, and economical

609

transportation facilities. The Legislature further finds and

610

declares that any lease agreement of transportation facilities by

611

and between the State Board of Administration, acting on behalf

612

of a trust fund, and the department, shall be and remain fair to

613

the beneficiaries of such trust fund and that any such agreement

614

and the resulting infrastructure investment shall not be impaired

615

by any act of this state or of any local government of this

616

state.

617

     (1)(a) The department is authorized to enter into a lease

618

agreement for up to 50 years with the State Board of

619

Administration for Alligator Alley. Before approval, the

620

department must determine that the proposed lease is in the

621

public's best interest. The department and the State Board of

622

Administration may separately engage the services of private

623

consultants to assist in developing the lease agreement. In the

624

terms and conditions of the lease agreement, the State Board of

625

Administration, acting on behalf of trust fund participants and

626

beneficiaries, shall not be disadvantaged relative to industry

627

standard terms and conditions for institutional infrastructure

628

investments. For the purpose of this section, the lease agreement

629

may be maintained as an asset within a holding company

630

established by the State Board of Administration and the holding

631

company may sell noncontrolling divisible interests, units, or

632

notes.

633

     (b) The department shall deposit all funds received from a

634

lease agreement pursuant to this section into the State

635

Transportation Trust Fund.

636

     (2) Agreements entered into pursuant to this section must

637

provide for annual financial analysis of revenues and expenses

638

required by the lease agreement and for any annual toll increases

639

necessary to ensure that the terms of the lease agreement are

640

met. The following provisions shall apply to such agreement:

641

     (a) The department shall lease, for up to 50 years and in

642

whole or in part, Alligator Alley to the State Board of

643

Administration. The lease agreement must ensure that the

644

transportation facility is properly operated, maintained,

645

reconstructed, and restored in accordance with state and federal

646

laws and commercial standards applicable to other comparable

647

infrastructure investments.

648

     (b) Any toll revenues shall be regulated pursuant to this

649

section and any provisions of s. 338.165(3) not in conflict with

650

this section. The regulations governing the future increase of

651

toll or fare revenues shall be included in the lease agreement,

652

shall provide an adequate rate of return considering all risks

653

involved, and may not subsequently be waived without prior

654

express consent of the State Board of Administration.

655

     (c) If any law or rule of the state or any local government

656

or any state constitutional amendment is enacted which has the

657

effect of materially impairing the lease agreement or the related

658

infrastructure investment, directly or indirectly, the state,

659

acting through the department or any other agency, shall

660

immediately take action to remedy the situation by any means

661

available, including taking back the leased infrastructure assets

662

and making whole the effected trust fund. This provision may be

663

enforced by legal or equitable action brought on behalf of the

664

effected trust fund without regard to sovereign immunity.

665

     (d) The department shall provide an independent analysis

666

that demonstrates the cost-effectiveness and overall public

667

benefit of the lease to the Legislature. Prior to completing the

668

lease, in whole or in part, of Alligator Alley, the department

669

shall submit pursuant to chapter 216 any budget amendments

670

necessary for the expenditure of moneys received pursuant to the

671

agreement for the operation and maintenance of the toll facility.

672

     (e) Prior to the development of the lease agreement, the

673

department, in consultation and concurrence with the State Board

674

of Administration, shall provide an investment-grade traffic and

675

revenue study prepared by a qualified and internationally

676

recognized traffic and revenue expert which is accepted by the

677

national bond rating agencies. The State Board of Administration

678

may use independent experts to review or conduct such studies.

679

     (f) The agreement between the department and the State

680

Board of Administration shall contain a provision that the

681

department shall expend any funds received under this agreement

682

only on transportation projects. The department is accountable

683

for funds from the endowment which have been paid by the board.

684

The board is not responsible for the proper expenditure of or

685

accountability concerning funds from the endowment after payment

686

to the department.

687

     (3) The agreement for each toll facility leased, in whole

688

or in part, pursuant to this section shall specify the

689

requirements of federal, state, and local laws; state, regional,

690

and local comprehensive plans; and department specifications for

691

construction and engineering of roads and bridges.

692

     (4) The department may provide services to the State Board

693

of Administration. Agreements for maintenance, law enforcement

694

activities, and other services entered into pursuant to this

695

section shall provide for full reimbursement for services

696

rendered.

697

     (5) Using funds received from such lease, the department

698

may submit a plan for approval to the Legislative Budget

699

Commission to advance projects programmed in the adopted 5-year

700

work program or projects increasing transportation capacity and

701

costing greater than $500 million in the 10-year Strategic

702

Intermodal Plan.

703

     (6) Notwithstanding s. 338.165 or any other provision of

704

law, any remaining toll revenue shall be used as established in

705

the lease agreement and in s. 338.26.

706

     Section 12. (1) This act does not prohibit the State Board

707

of Administration from pursuing or making infrastructure

708

investments, especially in government-owned infrastructure in

709

this state.

710

     (2) The State Board of Administration shall report to the

711

Legislature, prior to the 2009 regular legislative session, on

712

its ability to invest in infrastructure, including specifically

713

addressing its ability to invest in government-owned

714

infrastructure in this state.

715

     Section 13. The Legislature finds that road rage and

716

aggressive careless driving are a growing threat to the health,

717

safety, and welfare of the public. The intent of the Legislature

718

is to reduce road rage and aggressive careless driving, reduce

719

the incidence of drivers' interfering with the movement of

720

traffic, minimize crashes, and promote the orderly, free flow of

721

traffic on the roads and highways of the state.

722

     Section 14.  Subsection (86) is added to section 316.003,

723

Florida Statutes, to read:

724

     316.003  Definitions.--The following words and phrases, when

725

used in this chapter, shall have the meanings respectively

726

ascribed to them in this section, except where the context

727

otherwise requires:

728

     (86) ROAD RAGE.--The act of a driver or passenger to

729

intentionally injure or kill another driver, passenger, or

730

pedestrian, or to attempt or threaten to injure or kill another

731

driver, passenger, or pedestrian.

732

     Section 15.  Present subsection (3) of section 316.083,

733

Florida Statutes, is redesignated as subsection (4), and a new

734

subsection (3) is added to that section, to read:

735

     316.083  Overtaking and passing a vehicle.--The following

736

rules shall govern the overtaking and passing of vehicles

737

proceeding in the same direction, subject to those limitations,

738

exceptions, and special rules hereinafter stated:

739

     (3)(a) On roads, streets, or highways having two or more

740

lanes that allow movement in the same direction, a driver may not

741

continue to operate a motor vehicle in the furthermost left-hand

742

lane if the driver knows, or reasonably should know, that he or

743

she is being overtaken in that lane from the rear by a motor

744

vehicle traveling at a higher rate of speed.

745

     (b) Paragraph (a) does not apply to a driver operating a

746

motor vehicle in the furthermost left-hand lane if:

747

     1. The driver is driving the legal speed limit and is not

748

impeding the flow of traffic in the furthermost left-hand lane;

749

     2. The driver is in the process of overtaking a slower

750

motor vehicle in the adjacent right-hand lane for the purpose of

751

passing the slower moving vehicle so that the driver may move to

752

the adjacent right-hand lane;

753

     3. Conditions make the flow of traffic substantially the

754

same in all lanes or preclude the driver from moving to the

755

adjacent right-hand lane;

756

     4. The driver's movement to the adjacent right-hand lane

757

could endanger the driver or other drivers;

758

     5. The driver is directed by a law enforcement officer,

759

road sign, or road crew to remain in the furthermost left-hand

760

lane; or

761

     6. The driver is preparing to make a left turn.

762

     Section 16.  Section 316.1923, Florida Statutes, is amended

763

to read:

764

     316.1923  Aggressive careless driving.--

765

     (1) "Aggressive careless driving" means committing three

766

two or more of the following acts simultaneously or in

767

succession:

768

     (a)(1) Exceeding the posted speed as defined in s.

769

322.27(3)(d)5.b.

770

     (b)(2) Unsafely or improperly changing lanes as defined in

771

s. 316.085.

772

     (c)(3) Following another vehicle too closely as defined in

773

s. 316.0895(1).

774

     (d)(4) Failing to yield the right-of-way as defined in s.

775

316.079, s. 316.0815, or s. 316.123.

776

     (e)(5) Improperly passing or failing to yield to overtaking

777

vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.

778

     (f)(6) Violating traffic control and signal devices as

779

defined in ss. 316.074 and 316.075.

780

     (2) Any person convicted of aggressive careless driving

781

shall be cited for a moving violation and punished as provided in

782

chapter 318, and by the accumulation of points as provided in s.

783

322.27, for each act of aggressive careless driving.

784

     (3) In addition to any fine or points administered under

785

subsection (2), a person convicted of aggressive careless driving

786

shall also pay:

787

     (a) Upon a first violation, a fine of $100.

788

     (b) Upon a second or subsequent conviction, a fine of not

789

less than $250 but not more than $500 and be subject to a

790

mandatory hearing under s. 318.19.

791

     (4) Moneys received from the increased fine imposed by

792

subsection (3) shall be remitted to the Department of Revenue and

793

deposited into the Department of Health Administrative Trust Fund

794

to provide financial support to verified trauma centers to ensure

795

the availability and accessibility of trauma services throughout

796

the state. Funds deposited into the Administrative Trust Fund

797

under this section shall be allocated as follows:

798

     (a) Twenty-five percent shall be allocated equally among

799

all Level I, Level II, and pediatric trauma centers in

800

recognition of readiness costs for maintaining trauma services.

801

     (b) Twenty-five percent shall be allocated among Level I,

802

Level II, and pediatric trauma centers based on each center's

803

relative volume of trauma cases as reported in the Department of

804

Health Trauma Registry.

805

     (c) Twenty-five percent shall be transferred to the

806

Emergency Medical Services Trust Fund and used by the department

807

for making matching grants to emergency medical services

808

organizations as defined in s. 401.107(4).

809

     (d) Twenty-five percent shall be transferred to the

810

Emergency Medical Services Trust Fund and made available to rural

811

emergency medical services as defined in s. 401.107(5), and shall

812

be used solely to improve and expand prehospital emergency

813

medical services in this state. Additionally, these moneys may be

814

used for the improvement, expansion, or continuation of services

815

provided.

816

     Section 17.  Section 318.19, Florida Statutes, is amended to

817

read:

818

     318.19  Infractions requiring a mandatory hearing.--Any

819

person cited for the infractions listed in this section shall not

820

have the provisions of s. 318.14(2), (4), and (9) available to

821

him or her but must appear before the designated official at the

822

time and location of the scheduled hearing:

823

     (1)  Any infraction which results in a crash that causes the

824

death of another;

825

     (2)  Any infraction which results in a crash that causes

826

"serious bodily injury" of another as defined in s. 316.1933(1);

827

     (3)  Any infraction of s. 316.172(1)(b);

828

     (4) Any infraction of s. 316.520(1) or (2); or

829

     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.

830

316.189 of exceeding the speed limit by 30 m.p.h. or more; or.

831

     (6) A second or subsequent infraction of s. 316.1923(1).

832

     Section 18. The Department of Highway Safety and Motor

833

Vehicles shall provide information about road rage and aggressive

834

careless driving in all newly printed driver's license

835

educational materials after October 1, 2008.

836

     Section 19.  For the purpose of incorporating the amendments

837

made by this act to section 316.1923, Florida Statutes, in a

838

reference thereto, paragraph (a) of subsection (1) of section

839

316.650, Florida Statutes, is reenacted to read:

840

     316.650  Traffic citations.--

841

     (1)(a)  The department shall prepare, and supply to every

842

traffic enforcement agency in this state, an appropriate form

843

traffic citation containing a notice to appear (which shall be

844

issued in prenumbered books with citations in quintuplicate) and

845

meeting the requirements of this chapter or any laws of this

846

state regulating traffic, which form shall be consistent with the

847

state traffic court rules and the procedures established by the

848

department. The form shall include a box which is to be checked

849

by the law enforcement officer when the officer believes that the

850

traffic violation or crash was due to aggressive careless driving

851

as defined in s. 316.1923. The form shall also include a box

852

which is to be checked by the law enforcement officer when the

853

officer writes a uniform traffic citation for a violation of s.

854

316.074(1) or s. 316.075(1)(c)1. as a result of the driver

855

failing to stop at a traffic signal.

856

     Section 20.  Section 316.0741, Florida Statutes, is amended

857

to read:

858

     316.0741 High-occupancy-vehicle High occupancy vehicle

859

lanes.--

860

     (1) As used in this section, the term:

861

     (a) "High-occupancy-vehicle High occupancy vehicle lane" or

862

"HOV lane" means a lane of a public roadway designated for use by

863

vehicles in which there is more than one occupant unless

864

otherwise authorized by federal law.

865

     (b) "Hybrid vehicle" means a motor vehicle:

866

     1. That draws propulsion energy from onboard sources of

867

stored energy which are both an internal combustion or heat

868

engine using combustible fuel and a rechargeable energy-storage

869

system; and

870

     2. That, in the case of a passenger automobile or light

871

truck, has received a certificate of conformity under the Clean

872

Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the

873

equivalent qualifying California standards for a low-emission

874

vehicle.

875

     (2)  The number of persons that must be in a vehicle to

876

qualify for legal use of the HOV lane and the hours during which

877

the lane will serve as an HOV lane, if it is not designated as

878

such on a full-time basis, must also be indicated on a traffic

879

control device.

880

     (3) Except as provided in subsection (4), a vehicle may not

881

be driven in an HOV lane if the vehicle is occupied by fewer than

882

the number of occupants indicated by a traffic control device. A

883

driver who violates this section shall be cited for a moving

884

violation, punishable as provided in chapter 318.

885

     (4)(a) Notwithstanding any other provision of this section,

886

an inherently low-emission vehicle (ILEV) that is certified and

887

labeled in accordance with federal regulations may be driven in

888

an HOV lane at any time, regardless of its occupancy. In

889

addition, upon the state's receipt of written notice from the

890

proper federal regulatory agency authorizing such use, a vehicle

891

defined as a hybrid vehicle under this section may be driven in

892

an HOV lane at any time, regardless of its occupancy.

893

     (b) All eligible hybrid and all eligible other low-emission

894

and energy-efficient vehicles driven in an HOV lane must comply

895

with the minimum fuel economy standards in 23 U.S.C. s.

896

166(f)(3)(B).

897

     (c) Upon issuance of the applicable Environmental

898

Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),

899

relating to the eligibility of hybrid and other low-emission and

900

energy-efficient vehicles for operation in an HOV lane regardless

901

of occupancy, the Department of Transportation shall review the

902

rule and recommend to the Legislature any statutory changes

903

necessary for compliance with the federal rule. The department

904

shall provide its recommendations no later than 30 days following

905

issuance of the final rule.

906

     (5) The department shall issue a decal and registration

907

certificate, to be renewed annually, reflecting the HOV lane

908

designation on such vehicles meeting the criteria in subsection

909

(4) authorizing driving in an HOV lane at any time such use. The

910

department may charge a fee for a decal, not to exceed the costs

911

of designing, producing, and distributing each decal, or $5,

912

whichever is less. The proceeds from sale of the decals shall be

913

deposited in the Highway Safety Operating Trust Fund. The

914

department may, for reasons of operation and management of HOV

915

facilities, limit or discontinue issuance of decals for the use

916

of HOV facilities by hybrid and low-emission and energy-efficient

917

vehicles, regardless of occupancy, if it has been determined by

918

the Department of Transportation that the facilities are degraded

919

as defined by 23 U.S.C. s. 166(d)(2).

920

     (6) Vehicles having decals by virtue of compliance with the

921

minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B),

922

and which are registered for use in high-occupancy toll lanes or

923

express lanes in accordance with Department of Transportation

924

rule, shall be allowed to use any HOV lanes redesignated as high-

925

occupancy toll lanes or express lanes without payment of a toll.

926

     (5) As used in this section, the term "hybrid vehicle"

927

means a motor vehicle:

928

     (a) That draws propulsion energy from onboard sources of

929

stored energy which are both:

930

     1. An internal combustion or heat engine using combustible

931

fuel; and

932

     2. A rechargeable energy storage system; and

933

     (b) That, in the case of a passenger automobile or light

934

truck:

935

     1. Has received a certificate of conformity under the Clean

936

Air Act, 42 U.S.C. ss. 7401 et seq.; and

937

     2. Meets or exceeds the equivalent qualifying California

938

standards for a low-emission vehicle.

939

     (7)(6) The department may adopt rules necessary to

940

administer this section.

941

     Section 21.  Subsection (4) of section 316.193, Florida

942

Statutes, is amended to read:

943

     316.193  Driving under the influence; penalties.--

944

     (4)  Any person who is convicted of a violation of

945

subsection (1) and who has a blood-alcohol level or breath-

946

alcohol level of 0.15 0.20 or higher, or any person who is

947

convicted of a violation of subsection (1) and who at the time of

948

the offense was accompanied in the vehicle by a person under the

949

age of 18 years, shall be punished:

950

     (a)  By a fine of:

951

     1.  Not less than $500 or more than $1,000 for a first

952

conviction.

953

     2.  Not less than $1,000 or more than $2,000 for a second

954

conviction.

955

     3.  Not less than $2,000 for a third or subsequent

956

conviction.

957

     (b)  By imprisonment for:

958

     1.  Not more than 9 months for a first conviction.

959

     2.  Not more than 12 months for a second conviction.

960

961

For the purposes of this subsection, only the instant offense is

962

required to be a violation of subsection (1) by a person who has

963

a blood-alcohol level or breath-alcohol level of 0.15 0.20 or

964

higher.

965

     (c)  In addition to the penalties in paragraphs (a) and (b),

966

the court shall order the mandatory placement, at the convicted

967

person's sole expense, of an ignition interlock device approved

968

by the department in accordance with s. 316.1938 upon all

969

vehicles that are individually or jointly leased or owned and

970

routinely operated by the convicted person for not less than up

971

to 6 continuous months for the first offense and for not less

972

than at least 2 continuous years for a second offense, when the

973

convicted person qualifies for a permanent or restricted license.

974

The installation of such device may not occur before July 1,

975

2003.

976

     Section 22.  Subsections (1), (6), and (8) of section

977

316.302, Florida Statutes, are amended to read:

978

     316.302  Commercial motor vehicles; safety regulations;

979

transporters and shippers of hazardous materials; enforcement.--

980

     (1)(a)  All owners and drivers of commercial motor vehicles

981

that are operated on the public highways of this state while

982

engaged in interstate commerce are subject to the rules and

983

regulations contained in 49 C.F.R. parts 382, 385, and 390-397.

984

     (b)  Except as otherwise provided in this section, all

985

owners or drivers of commercial motor vehicles that are engaged

986

in intrastate commerce are subject to the rules and regulations

987

contained in 49 C.F.R. parts 382, 385, and 390-397, with the

988

exception of 49 C.F.R. s. 390.5 as it relates to the definition

989

of bus, as such rules and regulations existed on October 1, 2007

990

2005.

991

     (c)  Except as provided in s. 316.215(5), and except as

992

provided in s. 316.228 for rear overhang lighting and flagging

993

requirements for intrastate operations, the requirements of this

994

section supersede all other safety requirements of this chapter

995

for commercial motor vehicles.

996

     (6)  The state Department of Transportation shall perform

997

the duties that are assigned to the Field Administrator, Federal

998

Motor Carrier Safety Administration Regional Federal Highway

999

Administrator under the federal rules, and an agent of that

1000

department, as described in s. 316.545(9), may enforce those

1001

rules.

1002

     (8)  For the purpose of enforcing this section, any law

1003

enforcement officer of the Department of Transportation or duly

1004

appointed agent who holds a current safety inspector

1005

certification from the Commercial Vehicle Safety Alliance may

1006

require the driver of any commercial vehicle operated on the

1007

highways of this state to stop and submit to an inspection of the

1008

vehicle or the driver's records. If the vehicle or driver is

1009

found to be operating in an unsafe condition, or if any required

1010

part or equipment is not present or is not in proper repair or

1011

adjustment, and the continued operation would present an unduly

1012

hazardous operating condition, the officer may require the

1013

vehicle or the driver to be removed from service pursuant to the

1014

North American Standard Uniform Out-of-Service Criteria, until

1015

corrected. However, if continuous operation would not present an

1016

unduly hazardous operating condition, the officer may give

1017

written notice requiring correction of the condition within 14

1018

days.

1019

     (a)  Any member of the Florida Highway Patrol or any law

1020

enforcement officer employed by a sheriff's office or municipal

1021

police department authorized to enforce the traffic laws of this

1022

state pursuant to s. 316.640 who has reason to believe that a

1023

vehicle or driver is operating in an unsafe condition may, as

1024

provided in subsection (10), enforce the provisions of this

1025

section.

1026

     (b)  Any person who fails to comply with an officer's

1027

request to submit to an inspection under this subsection commits

1028

a violation of s. 843.02 if the person resists the officer

1029

without violence or a violation of s. 843.01 if the person

1030

resists the officer with violence.

1031

     Section 23.  Subsection (2) of section 316.613, Florida

1032

Statutes, is amended to read:

1033

     316.613  Child restraint requirements.--

1034

     (2)  As used in this section, the term "motor vehicle" means

1035

a motor vehicle as defined in s. 316.003 which that is operated

1036

on the roadways, streets, and highways of the state. The term

1037

does not include:

1038

     (a)  A school bus as defined in s. 316.003(45).

1039

     (b)  A bus used for the transportation of persons for

1040

compensation, other than a bus regularly used to transport

1041

children to or from school, as defined in s. 316.615(1) (b), or

1042

in conjunction with school activities.

1043

     (c)  A farm tractor or implement of husbandry.

1044

     (d) A truck having a gross vehicle weight rating of more

1045

than 26,000 of net weight of more than 5,000 pounds.

1046

     (e)  A motorcycle, moped, or bicycle.

1047

     Section 24.  Paragraph (a) of subsection (3) of section

1048

316.614, Florida Statutes, is amended to read:

1049

     316.614  Safety belt usage.--

1050

     (3)  As used in this section:

1051

     (a)  "Motor vehicle" means a motor vehicle as defined in s.

1052

316.003 which that is operated on the roadways, streets, and

1053

highways of this state. The term does not include:

1054

     1.  A school bus.

1055

     2.  A bus used for the transportation of persons for

1056

compensation.

1057

     3.  A farm tractor or implement of husbandry.

1058

     4. A truck having a gross vehicle weight rating of more

1059

than 26,000 of a net weight of more than 5,000 pounds.

1060

     5.  A motorcycle, moped, or bicycle.

1061

     Section 25.  Paragraph (a) of subsection (2) of section

1062

316.656, Florida Statutes, is amended to read:

1063

     316.656  Mandatory adjudication; prohibition against

1064

accepting plea to lesser included offense.--

1065

     (2)(a)  No trial judge may accept a plea of guilty to a

1066

lesser offense from a person charged under the provisions of this

1067

act who has been given a breath or blood test to determine blood

1068

or breath alcohol content, the results of which show a blood or

1069

breath alcohol content by weight of 0.15 0.20 percent or more.

1070

     Section 26.  Subsection (9) of section 320.03, Florida

1071

Statutes, is amended to read:

1072

     320.03  Registration; duties of tax collectors;

1073

International Registration Plan.--

1074

     (9) A nonrefundable fee of $3 $1.50 shall be charged on the

1075

initial and renewal registration of each automobile for private

1076

use, and on the initial and renewal registration of each truck

1077

having a net weight of 5,000 pounds or less. Such fees shall be

1078

deposited in the Transportation Disadvantaged Trust Fund created

1079

in part I of chapter 427 and shall be used as provided therein,

1080

except that priority shall be given to the transportation needs

1081

of those who, because of age or physical and mental disability,

1082

are unable to transport themselves and are dependent upon others

1083

to obtain access to health care, employment, education, shopping,

1084

or other life-sustaining activities.

1085

     Section 27.  Section 322.64, Florida Statutes, is amended to

1086

read:

1087

     322.64 Holder of commercial driver's license; persons

1088

operating a commercial motor vehicle; driving with unlawful

1089

blood-alcohol level; refusal to submit to breath, urine, or blood

1090

test.--

1091

     (1)(a)  A law enforcement officer or correctional officer

1092

shall, on behalf of the department, disqualify from operating any

1093

commercial motor vehicle a person who while operating or in

1094

actual physical control of a commercial motor vehicle is arrested

1095

for a violation of s. 316.193, relating to unlawful blood-alcohol

1096

level or breath-alcohol level, or a person who has refused to

1097

submit to a breath, urine, or blood test authorized by s. 322.63

1098

arising out of the operation or actual physical control of a

1099

commercial motor vehicle. A law enforcement officer or

1100

correctional officer shall, on behalf of the department,

1101

disqualify the holder of a commercial driver's license from

1102

operating any commercial motor vehicle if the licenseholder,

1103

while operating or in actual physical control of a motor vehicle,

1104

is arrested for a violation of s. 316.193, relating to unlawful

1105

blood-alcohol level or breath-alcohol level, or refused to submit

1106

to a breath, urine, or blood test authorized by s. 322.63. Upon

1107

disqualification of the person, the officer shall take the

1108

person's driver's license and issue the person a 10-day temporary

1109

permit for the operation of noncommercial vehicles only if the

1110

person is otherwise eligible for the driving privilege and shall

1111

issue the person a notice of disqualification. If the person has

1112

been given a blood, breath, or urine test, the results of which

1113

are not available to the officer at the time of the arrest, the

1114

agency employing the officer shall transmit such results to the

1115

department within 5 days after receipt of the results. If the

1116

department then determines that the person was arrested for a

1117

violation of s. 316.193 and that the person had a blood-alcohol

1118

level or breath-alcohol level of 0.08 or higher, the department

1119

shall disqualify the person from operating a commercial motor

1120

vehicle pursuant to subsection (3).

1121

     (b)  The disqualification under paragraph (a) shall be

1122

pursuant to, and the notice of disqualification shall inform the

1123

driver of, the following:

1124

     1.a.  The driver refused to submit to a lawful breath,

1125

blood, or urine test and he or she is disqualified from operating

1126

a commercial motor vehicle for a period of 1 year, for a first

1127

refusal, or permanently, if he or she has previously been

1128

disqualified as a result of a refusal to submit to such a test;

1129

or

1130

     b. The driver was driving or in actual physical control of

1131

a commercial motor vehicle, or any motor vehicle if the driver

1132

holds a commercial driver's license, had an unlawful blood-

1133

alcohol level or breath-alcohol level of 0.08 or higher, and his

1134

or her driving privilege shall be disqualified for a period of 1

1135

year for a first offense or permanently if his or her driving

1136

privilege has been previously disqualified under this section.

1137

violated s. 316.193 by driving with an unlawful blood-alcohol

1138

level and he or she is disqualified from operating a commercial

1139

motor vehicle for a period of 6 months for a first offense or for

1140

a period of 1 year if he or she has previously been disqualified,

1141

or his or her driving privilege has been previously suspended,

1142

for a violation of s. 316.193.

1143

     2.  The disqualification period for operating commercial

1144

vehicles shall commence on the date of arrest or issuance of the

1145

notice of disqualification, whichever is later.

1146

     3.  The driver may request a formal or informal review of

1147

the disqualification by the department within 10 days after the

1148

date of arrest or issuance of the notice of disqualification,

1149

whichever is later.

1150

     4. The temporary permit issued at the time of arrest or

1151

disqualification expires will expire at midnight of the 10th day

1152

following the date of disqualification.

1153

     5.  The driver may submit to the department any materials

1154

relevant to the disqualification arrest.

1155

     (2)  Except as provided in paragraph (1)(a), the law

1156

enforcement officer shall forward to the department, within 5

1157

days after the date of the arrest or the issuance of the notice

1158

of disqualification, whichever is later, a copy of the notice of

1159

disqualification, the driver's license of the person disqualified

1160

arrested, and a report of the arrest, including, if applicable,

1161

an affidavit stating the officer's grounds for belief that the

1162

person disqualified arrested was operating or in actual physical

1163

control of a commercial motor vehicle, or holds a commercial

1164

driver's license, and had an unlawful blood-alcohol or breath-

1165

alcohol level in violation of s. 316.193; the results of any

1166

breath or blood or urine test or an affidavit stating that a

1167

breath, blood, or urine test was requested by a law enforcement

1168

officer or correctional officer and that the person arrested

1169

refused to submit; a copy of the notice of disqualification

1170

citation issued to the person arrested; and the officer's

1171

description of the person's field sobriety test, if any. The

1172

failure of the officer to submit materials within the 5-day

1173

period specified in this subsection or subsection (1) does shall

1174

not affect the department's ability to consider any evidence

1175

submitted at or prior to the hearing. The officer may also submit

1176

a copy of a videotape of the field sobriety test or the attempt

1177

to administer such test and a copy of the crash report, if any.

1178

     (3)  If the department determines that the person arrested

1179

should be disqualified from operating a commercial motor vehicle

1180

pursuant to this section and if the notice of disqualification

1181

has not already been served upon the person by a law enforcement

1182

officer or correctional officer as provided in subsection (1),

1183

the department shall issue a notice of disqualification and,

1184

unless the notice is mailed pursuant to s. 322.251, a temporary

1185

permit which expires 10 days after the date of issuance if the

1186

driver is otherwise eligible.

1187

     (4) If the person disqualified arrested requests an

1188

informal review pursuant to subparagraph (1)(b)3., the department

1189

shall conduct the informal review by a hearing officer employed

1190

by the department. Such informal review hearing shall consist

1191

solely of an examination by the department of the materials

1192

submitted by a law enforcement officer or correctional officer

1193

and by the person disqualified arrested, and the presence of an

1194

officer or witness is not required.

1195

     (5)  After completion of the informal review, notice of the

1196

department's decision sustaining, amending, or invalidating the

1197

disqualification must be provided to the person. Such notice must

1198

be mailed to the person at the last known address shown on the

1199

department's records, and to the address provided in the law

1200

enforcement officer's report if such address differs from the

1201

address of record, within 21 days after the expiration of the

1202

temporary permit issued pursuant to subsection (1) or subsection

1203

(3).

1204

     (6)(a) If the person disqualified arrested requests a

1205

formal review, the department must schedule a hearing to be held

1206

within 30 days after such request is received by the department

1207

and must notify the person of the date, time, and place of the

1208

hearing.

1209

     (b)  Such formal review hearing shall be held before a

1210

hearing officer employed by the department, and the hearing

1211

officer shall be authorized to administer oaths, examine

1212

witnesses and take testimony, receive relevant evidence, issue

1213

subpoenas for the officers and witnesses identified in documents

1214

as provided in subsection (2), regulate the course and conduct of

1215

the hearing, and make a ruling on the disqualification. The

1216

department and the person disqualified arrested may subpoena

1217

witnesses, and the party requesting the presence of a witness

1218

shall be responsible for the payment of any witness fees. If the

1219

person who requests a formal review hearing fails to appear and

1220

the hearing officer finds such failure to be without just cause,

1221

the right to a formal hearing is waived and the department shall

1222

conduct an informal review of the disqualification under

1223

subsection (4).

1224

     (c)  A party may seek enforcement of a subpoena under

1225

paragraph (b) by filing a petition for enforcement in the circuit

1226

court of the judicial circuit in which the person failing to

1227

comply with the subpoena resides. A failure to comply with an

1228

order of the court shall result in a finding of contempt of

1229

court. However, a person shall not be in contempt while a

1230

subpoena is being challenged.

1231

     (d)  The department must, within 7 days after a formal

1232

review hearing, send notice to the person of the hearing

1233

officer's decision as to whether sufficient cause exists to

1234

sustain, amend, or invalidate the disqualification.

1235

     (7)  In a formal review hearing under subsection (6) or an

1236

informal review hearing under subsection (4), the hearing officer

1237

shall determine by a preponderance of the evidence whether

1238

sufficient cause exists to sustain, amend, or invalidate the

1239

disqualification. The scope of the review shall be limited to the

1240

following issues:

1241

     (a)  If the person was disqualified from operating a

1242

commercial motor vehicle for driving with an unlawful blood-

1243

alcohol level in violation of s. 316.193:

1244

     1.  Whether the arresting law enforcement officer had

1245

probable cause to believe that the person was driving or in

1246

actual physical control of a commercial motor vehicle, or any

1247

motor vehicle if the driver holds a commercial driver's license,

1248

in this state while he or she had any alcohol, chemical

1249

substances, or controlled substances in his or her body.

1250

     2. Whether the person was placed under lawful arrest for a

1251

violation of s. 316.193.

1252

     2.3. Whether the person had an unlawful blood-alcohol level

1253

or breath-alcohol level of 0.08 or higher as provided in s.

1254

316.193.

1255

     (b)  If the person was disqualified from operating a

1256

commercial motor vehicle for refusal to submit to a breath,

1257

blood, or urine test:

1258

     1.  Whether the law enforcement officer had probable cause

1259

to believe that the person was driving or in actual physical

1260

control of a commercial motor vehicle, or any motor vehicle if

1261

the driver holds a commercial driver's license, in this state

1262

while he or she had any alcohol, chemical substances, or

1263

controlled substances in his or her body.

1264

     2.  Whether the person refused to submit to the test after

1265

being requested to do so by a law enforcement officer or

1266

correctional officer.

1267

     3.  Whether the person was told that if he or she refused to

1268

submit to such test he or she would be disqualified from

1269

operating a commercial motor vehicle for a period of 1 year or,

1270

in the case of a second refusal, permanently.

1271

     (8)  Based on the determination of the hearing officer

1272

pursuant to subsection (7) for both informal hearings under

1273

subsection (4) and formal hearings under subsection (6), the

1274

department shall:

1275

     (a)  Sustain the disqualification for a period of 1 year for

1276

a first refusal, or permanently if such person has been

1277

previously disqualified from operating a commercial motor vehicle

1278

as a result of a refusal to submit to such tests. The

1279

disqualification period commences on the date of the arrest or

1280

issuance of the notice of disqualification, whichever is later.

1281

     (b) Sustain the disqualification:

1282

     1. For a period of 1 year if the person was driving or in

1283

actual physical control of a commercial motor vehicle, or any

1284

motor vehicle if the driver holds a commercial driver's license,

1285

and had an unlawful blood-alcohol level or breath-alcohol level

1286

of 0.08 or higher; or 6 months for a violation of s. 316.193 or

1287

for a period of 1 year

1288

2. Permanently if the person has been previously

1289

disqualified from operating a commercial motor vehicle or his or

1290

her driving privilege has been previously suspended for driving

1291

or being in actual physical control of a commercial motor

1292

vehicle, or any motor vehicle if the driver holds a commercial

1293

driver's license, and had an unlawful blood-alcohol level or

1294

breath-alcohol level of 0.08 or higher as a result of a

1295

violation of s. 316.193.

1296

1297

The disqualification period commences on the date of the arrest

1298

or issuance of the notice of disqualification, whichever is

1299

later.

1300

     (9)  A request for a formal review hearing or an informal

1301

review hearing shall not stay the disqualification. If the

1302

department fails to schedule the formal review hearing to be held

1303

within 30 days after receipt of the request therefor, the

1304

department shall invalidate the disqualification. If the

1305

scheduled hearing is continued at the department's initiative,

1306

the department shall issue a temporary driving permit limited to

1307

noncommercial vehicles which is shall be valid until the hearing

1308

is conducted if the person is otherwise eligible for the driving

1309

privilege. Such permit shall not be issued to a person who sought

1310

and obtained a continuance of the hearing. The permit issued

1311

under this subsection shall authorize driving for business

1312

purposes or employment use only.

1313

     (10)  A person who is disqualified from operating a

1314

commercial motor vehicle under subsection (1) or subsection (3)

1315

is eligible for issuance of a license for business or employment

1316

purposes only under s. 322.271 if the person is otherwise

1317

eligible for the driving privilege. However, such business or

1318

employment purposes license shall not authorize the driver to

1319

operate a commercial motor vehicle.

1320

     (11)  The formal review hearing may be conducted upon a

1321

review of the reports of a law enforcement officer or a

1322

correctional officer, including documents relating to the

1323

administration of a breath test or blood test or the refusal to

1324

take either test. However, as provided in subsection (6), the

1325

driver may subpoena the officer or any person who administered or

1326

analyzed a breath or blood test.

1327

     (12)  The formal review hearing and the informal review

1328

hearing are exempt from the provisions of chapter 120. The

1329

department is authorized to adopt rules for the conduct of

1330

reviews under this section.

1331

     (13)  A person may appeal any decision of the department

1332

sustaining the disqualification from operating a commercial motor

1333

vehicle by a petition for writ of certiorari to the circuit court

1334

in the county wherein such person resides or wherein a formal or

1335

informal review was conducted pursuant to s. 322.31. However, an

1336

appeal shall not stay the disqualification. This subsection shall

1337

not be construed to provide for a de novo appeal.

1338

     (14)  The decision of the department under this section

1339

shall not be considered in any trial for a violation of s.

1340

316.193, s. 322.61, or s. 322.62, nor shall any written statement

1341

submitted by a person in his or her request for departmental

1342

review under this section be admissible into evidence against him

1343

or her in any such trial. The disposition of any related criminal

1344

proceedings shall not affect a disqualification imposed pursuant

1345

to this section.

1346

     (15)  This section does not preclude the suspension of the

1347

driving privilege pursuant to s. 322.2615. The driving privilege

1348

of a person who has been disqualified from operating a commercial

1349

motor vehicle also may be suspended for a violation of s.

1350

316.193.

1351

     Section 28.  Subsections (3) and (4) of section 336.41,

1352

Florida Statutes, are renumbered as subsections (4) and (5),

1353

respectively, and a new subsection (3) is added to that section,

1354

to read:

1355

     336.41  Counties; employing labor and providing road

1356

equipment; accounting; when competitive bidding required.--

1357

     (3) Notwithstanding any law to the contrary, a county,

1358

municipality, or special district may not own or operate an

1359

asphalt plant or a portable or stationary concrete batch plant

1360

that has an independent mixer; however, this prohibition does not

1361

apply to any county that owns or is under contract to purchase an

1362

asphalt plant as of April 15, 2008, and that furnishes its plant-

1363

generated asphalt solely for use by local governments or

1364

companies under contract with local governments for projects

1365

within the boundaries of the county. Sale of plant-generated

1366

asphalt to private entities or local governments outside the

1367

boundaries of the county is prohibited.

1368

     Section 29.  Paragraph (a) of subsection (7) of section

1369

337.11, Florida Statutes, is amended to read:

1370

     337.11  Contracting authority of department; bids; emergency

1371

repairs, supplemental agreements, and change orders; combined

1372

design and construction contracts; progress payments; records;

1373

requirements of vehicle registration.--

1374

     (7)(a)  If the head of the department determines that it is

1375

in the best interests of the public, the department may combine

1376

the design and construction phases of a building, a major bridge,

1377

a limited access facility, or a rail corridor project into a

1378

single contract. Such contract is referred to as a design-build

1379

contract. The department's goal shall be to procure up to 25

1380

percent of the construction contracts that add capacity in the 5-

1381

year adopted work program as design-build contracts by July 1,

1382

2013. Design-build contracts may be advertised and awarded

1383

notwithstanding the requirements of paragraph (3)(c). However,

1384

construction activities may not begin on any portion of such

1385

projects for which the department has not yet obtained title to

1386

the necessary rights-of-way and easements for the construction of

1387

that portion of the project has vested in the state or a local

1388

governmental entity and all railroad crossing and utility

1389

agreements have been executed. Title to rights-of-way shall be

1390

deemed to have vested in the state when the title has been

1391

dedicated to the public or acquired by prescription.

1392

     Section 30.  Paragraph (b) of subsection (1) of section

1393

337.18, Florida Statutes, is amended to read:

1394

     337.18  Surety bonds for construction or maintenance

1395

contracts; requirement with respect to contract award; bond

1396

requirements; defaults; damage assessments.--

1397

     (1)

1398

     (b) Prior to beginning any work under the contract, the

1399

contractor shall maintain a copy of the payment and performance

1400

bond required under this section at its principal place of

1401

business, and at the jobsite office if one is established, and

1402

the contractor shall provide a copy of the payment and

1403

performance bond within 5 days after receipt of any written

1404

request therefore. A copy of the payment and performance bond

1405

required under this section may also be obtained directly from

1406

the department via a request made pursuant to chapter 119. Upon

1407

execution of the contract, and prior to beginning any work under

1408

the contract, the contractor shall record in the public records

1409

of the county where the improvement is located the payment and

1410

performance bond required under this section. A claimant shall

1411

have a right of action against the contractor and surety for the

1412

amount due him or her, including unpaid finance charges due under

1413

the claimant's contract. Such action shall not involve the

1414

department in any expense.

1415

     Section 31.  Subsections (1), (2), and (7) of section

1416

337.185, Florida Statutes, are amended to read:

1417

     337.185  State Arbitration Board.--

1418

     (1)  To facilitate the prompt settlement of claims for

1419

additional compensation arising out of construction and

1420

maintenance contracts between the department and the various

1421

contractors with whom it transacts business, the Legislature does

1422

hereby establish the State Arbitration Board, referred to in this

1423

section as the "board." For the purpose of this section, "claim"

1424

means shall mean the aggregate of all outstanding claims by a

1425

party arising out of a construction or maintenance contract.

1426

Every contractual claim in an amount up to $250,000 per contract

1427

or, at the claimant's option, up to $500,000 per contract or,

1428

upon agreement of the parties, up to $1 million per contract

1429

which that cannot be resolved by negotiation between the

1430

department and the contractor shall be arbitrated by the board

1431

after acceptance of the project by the department. As an

1432

exception, either party to the dispute may request that the claim

1433

be submitted to binding private arbitration. A court of law may

1434

not consider the settlement of such a claim until the process

1435

established by this section has been exhausted.

1436

     (2)  The board shall be composed of three members. One

1437

member shall be appointed by the head of the department, and one

1438

member shall be elected by those construction or maintenance

1439

companies who are under contract with the department. The third

1440

member shall be chosen by agreement of the other two members.

1441

Whenever the third member has a conflict of interest regarding

1442

affiliation with one of the parties, the other two members shall

1443

select an alternate member for that hearing. The head of the

1444

department may select an alternative or substitute to serve as

1445

the department member for any hearing or term. Each member shall

1446

serve a 2-year term. The board shall elect a chair, each term,

1447

who shall be the administrator of the board and custodian of its

1448

records.

1449

     (7)  The members of the board may receive compensation for

1450

the performance of their duties hereunder, from administrative

1451

fees received by the board, except that no employee of the

1452

department may receive compensation from the board. The

1453

compensation amount shall be determined by the board, but shall

1454

not exceed $125 per hour, up to a maximum of $1,000 per day for

1455

each member authorized to receive compensation. Nothing in this

1456

section does not shall prevent the member elected by construction

1457

or maintenance companies from being an employee of an association

1458

affiliated with the industry, even if the sole responsibility of

1459

that member is service on the board. Travel expenses for the

1460

industry member may be paid by an industry association, if

1461

necessary. The board may allocate funds annually for clerical and

1462

other administrative services.

1463

     Section 32.  Subsection (1) of section 337.403, Florida

1464

Statutes, is amended to read:

1465

     337.403  Relocation of utility; expenses.--

1466

     (1)  Any utility heretofore or hereafter placed upon, under,

1467

over, or along any public road or publicly owned rail corridor

1468

which that is found by the authority to be unreasonably

1469

interfering in any way with the convenient, safe, or continuous

1470

use, or the maintenance, improvement, extension, or expansion, of

1471

such public road or publicly owned rail corridor shall, upon 30

1472

days' written notice to the utility or its agent by the

1473

authority, be removed or relocated by such utility at its own

1474

expense except as provided in paragraphs (a), (b), and (c), (d),

1475

and (e).

1476

     (a)  If the relocation of utility facilities, as referred to

1477

in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627

1478

of the 84th Congress, is necessitated by the construction of a

1479

project on the federal-aid interstate system, including

1480

extensions thereof within urban areas, and the cost of such

1481

project is eligible and approved for reimbursement by the Federal

1482

Government to the extent of 90 percent or more under the Federal

1483

Aid Highway Act, or any amendment thereof, then in that event the

1484

utility owning or operating such facilities shall relocate such

1485

facilities upon order of the department, and the state shall pay

1486

the entire expense properly attributable to such relocation after

1487

deducting therefrom any increase in the value of the new facility

1488

and any salvage value derived from the old facility.

1489

     (b)  When a joint agreement between the department and the

1490

utility is executed for utility improvement, relocation, or

1491

removal work to be accomplished as part of a contract for

1492

construction of a transportation facility, the department may

1493

participate in those utility improvement, relocation, or removal

1494

costs that exceed the department's official estimate of the cost

1495

of such work by more than 10 percent. The amount of such

1496

participation shall be limited to the difference between the

1497

official estimate of all the work in the joint agreement plus 10

1498

percent and the amount awarded for this work in the construction

1499

contract for such work. The department may not participate in any

1500

utility improvement, relocation, or removal costs that occur as a

1501

result of changes or additions during the course of the contract.

1502

     (c)  When an agreement between the department and utility is

1503

executed for utility improvement, relocation, or removal work to

1504

be accomplished in advance of a contract for construction of a

1505

transportation facility, the department may participate in the

1506

cost of clearing and grubbing necessary to perform such work.

1507

     (d) If the utility facility being removed or relocated was

1508

initially installed exclusively to serve the department, its

1509

tenants, or both the department and its tenants, the department

1510

shall bear the costs of removal or relocation of that utility

1511

facility. However, the department is not responsible for bearing

1512

the cost of removal or relocation of any subsequent additions to

1513

the utility facility for the purpose of serving others.

1514

     (e) If pursuant to an agreement between a utility and the

1515

authority entered into after July 1, 2008, the utility conveys,

1516

subordinates, or relinquishes a compensable property right to the

1517

authority for the purpose of accommodating the acquisition or use

1518

of the right-of-way by the authority without the agreement

1519

expressly addressing future responsibility for cost of removal or

1520

relocation of the utility, the authority shall bear the cost of

1521

such removal or relocation. Nothing herein is intended to impair

1522

or restrict, or be used to interpret, the terms of any agreement

1523

entered into prior to July 1, 2008.

1524

     Section 33.  Subsection (6) is added to section 338.01,

1525

Florida Statutes, to read:

1526

     338.01  Authority to establish and regulate limited access

1527

facilities.--

1528

     (6) Notwithstanding any other provision of law, all new

1529

limited access facilities and existing transportation facilities

1530

on which new or replacement electronic toll collection systems

1531

are installed shall be interoperable with the department's

1532

electronic toll collection system.

1533

     Section 34.  Present subsections (7) and (8) of section

1534

338.165, Florida Statutes, are redesignated as subsections (8)

1535

and (9), respectively, and a new subsection (7) is added to that

1536

section, to read:

1537

     338.165  Continuation of tolls.--

1538

     (7) This section does not apply to high-occupancy toll

1539

lanes or express lanes.

1540

     Section 35.  Section 338.166, Florida Statutes, is created

1541

to read:

1542

     338.166 High-occupancy toll lanes or express lanes.--

1543

     (1) Under s. 11, Art. VII of the State Constitution, the

1544

department may request the Division of Bond Finance to issue

1545

bonds secured by toll revenues collected on high-occupancy toll

1546

lanes or express lanes located on Interstate 95 in Miami-Dade and

1547

Broward Counties.

1548

     (2) The department may continue to collect the toll on the

1549

high-occupancy toll lanes or express lanes after the discharge of

1550

any bond indebtedness related to such project. All tolls so

1551

collected shall first be used to pay the annual cost of the

1552

operation, maintenance, and improvement of the high-occupancy

1553

toll lanes or express lanes project or associated transportation

1554

system.

1555

     (3) Any remaining toll revenue from the high-occupancy toll

1556

lanes or express lanes shall be used by the department for the

1557

construction, maintenance, or improvement of any road on the

1558

State Highway System.

1559

     (4) The department is authorized to implement variable rate

1560

tolls on high-occupancy toll lanes or express lanes.

1561

     (5) Except for high-occupancy toll lanes or express lanes,

1562

tolls may not be charged for use of an interstate highway where

1563

tolls were not charged as of July 1, 1997.

1564

     (6) This section does not apply to the turnpike system as

1565

defined under the Florida Turnpike Enterprise Law.

1566

     Section 36.  Paragraphs (d) and (e) are added to subsection

1567

(1) of section 338.2216, Florida Statutes, to read:

1568

     338.2216  Florida Turnpike Enterprise; powers and

1569

authority.--

1570

     (1)

1571

     (d) The Florida Turnpike Enterprise is directed to pursue

1572

and implement new technologies and processes in its operations

1573

and collection of tolls and the collection of other amounts

1574

associated with road and infrastructure usage. Such technologies

1575

and processes shall include, without limitation, video billing

1576

and variable pricing.

1577

     (e)1. The Florida Turnpike Enterprise may not contract with

1578

any vendor for the retail sale of fuel along the Florida Turnpike

1579

if such contract is negotiated or bid together with any other

1580

contract, including, but not limited to, the retail sale of food,

1581

maintenance services, or construction, except that a contract for

1582

the retail sale of fuel along the Florida Turnpike shall be bid

1583

and contracted with the retail sale of food at any convenience

1584

store attached to the fuel station.

1585

     2. All contracts related to service plazas, including, but

1586

not limited to, the sale of fuel, the retail sale of food,

1587

maintenance services, or construction, awarded by the Florida

1588

Turnpike Enterprise shall be procured through individual

1589

competitive solicitations and awarded to the most cost-effective

1590

responder. This subparagraph does not prohibit the award of more

1591

than one individual contract to a single vendor who submits the

1592

most cost-effective response.

1593

     Section 37.  Paragraph (b) of subsection (1) of section

1594

338.223, Florida Statutes, is amended to read:

1595

     338.223  Proposed turnpike projects.--

1596

     (1)

1597

     (b)  Any proposed turnpike project or improvement shall be

1598

developed in accordance with the Florida Transportation Plan and

1599

the work program pursuant to s. 339.135. Turnpike projects that

1600

add capacity, alter access, affect feeder roads, or affect the

1601

operation of the local transportation system shall be included in

1602

the transportation improvement plan of the affected metropolitan

1603

planning organization. If such turnpike project does not fall

1604

within the jurisdiction of a metropolitan planning organization,

1605

the department shall notify the affected county and provide for

1606

public hearings in accordance with s. 339.155(5)(c) s.

1607

339.155(6)(c).

1608

     Section 38.  Section 338.231, Florida Statutes, is amended

1609

to read:

1610

     338.231  Turnpike tolls, fixing; pledge of tolls and other

1611

revenues.--The department shall at all times fix, adjust, charge,

1612

and collect such tolls for the use of the turnpike system as are

1613

required in order to provide a fund sufficient with other

1614

revenues of the turnpike system to pay the cost of maintaining,

1615

improving, repairing, and operating such turnpike system; to pay

1616

the principal of and interest on all bonds issued to finance or

1617

refinance any portion of the turnpike system as the same become

1618

due and payable; and to create reserves for all such purposes.

1619

     (1) In the process of effectuating toll rate increases over

1620

the period 1988 through 1992, the department shall, to the

1621

maximum extent feasible, equalize the toll structure, within each

1622

vehicle classification, so that the per mile toll rate will be

1623

approximately the same throughout the turnpike system. New

1624

turnpike projects may have toll rates higher than the uniform

1625

system rate where such higher toll rates are necessary to qualify

1626

the project in accordance with the financial criteria in the

1627

turnpike law. Such higher rates may be reduced to the uniform

1628

system rate when the project is generating sufficient revenues to

1629

pay the full amount of debt service and operating and maintenance

1630

costs at the uniform system rate. If, after 15 years of opening

1631

to traffic, the annual revenue of a turnpike project does not

1632

meet or exceed the annual debt service requirements and operating

1633

and maintenance costs attributable to such project, the

1634

department shall, to the maximum extent feasible, establish a

1635

toll rate for the project which is higher than the uniform system

1636

rate as necessary to meet such annual debt service requirements

1637

and operating and maintenance costs. The department may, to the

1638

extent feasible, establish a temporary toll rate at less than the

1639

uniform system rate for the purpose of building patronage for the

1640

ultimate benefit of the turnpike system. In no case shall the

1641

temporary rate be established for more than 1 year. The

1642

requirements of this subsection shall not apply when the

1643

application of such requirements would violate any covenant

1644

established in a resolution or trust indenture relating to the

1645

issuance of turnpike bonds.

1646

     (1)(2) Notwithstanding any other provision of law, the

1647

department may defer the scheduled July 1, 1993, toll rate

1648

increase on the Homestead Extension of the Florida Turnpike until

1649

July 1, 1995. The department may also advance funds to the

1650

Turnpike General Reserve Trust Fund to replace estimated lost

1651

revenues resulting from this deferral. The amount advanced must

1652

be repaid within 12 years from the date of advance; however, the

1653

repayment is subordinate to all other debt financing of the

1654

turnpike system outstanding at the time repayment is due.

1655

     (2)(3) The department shall publish a proposed change in

1656

the toll rate for the use of an existing toll facility, in the

1657

manner provided for in s. 120.54, which will provide for public

1658

notice and the opportunity for a public hearing before the

1659

adoption of the proposed rate change. When the department is

1660

evaluating a proposed turnpike toll project under s. 338.223 and

1661

has determined that there is a high probability that the project

1662

will pass the test of economic feasibility predicated on proposed

1663

toll rates, the toll rate that is proposed to be charged after

1664

the project is constructed must be adopted during the planning

1665

and project development phase of the project, in the manner

1666

provided for in s. 120.54, including public notice and the

1667

opportunity for a public hearing. For such a new project, the

1668

toll rate becomes effective upon the opening of the project to

1669

traffic.

1670

     (3)(a)(4) For the period July 1, 1998, through June 30,

1671

2017, the department shall, to the maximum extent feasible,

1672

program sufficient funds in the tentative work program such that

1673

the percentage of turnpike toll and bond financed commitments in

1674

Dade County, Broward County, and Palm Beach County as compared to

1675

total turnpike toll and bond financed commitments shall be at

1676

least 90 percent of the share of net toll collections

1677

attributable to users of the turnpike system in Dade County,

1678

Broward County, and Palm Beach County as compared to total net

1679

toll collections attributable to users of the turnpike system.

1680

The requirements of this subsection do not apply when the

1681

application of such requirements would violate any covenant

1682

established in a resolution or trust indenture relating to the

1683

issuance of turnpike bonds. The department may establish at any

1684

time for economic considerations lower temporary toll rates for a

1685

new or existing toll facility for a period not to exceed 1 year,

1686

after which period the toll rates adopted under s. 120.54 shall

1687

become effective.

1688

     (b) The department shall also fix, adjust, charge, and

1689

collect such amounts needed to cover the costs of administering

1690

the different toll collection and payment methods and types of

1691

accounts being offered and used in the manner provided for in s.

1692

120.54, which provides for public notice and the opportunity for

1693

a public hearing before adoption. Such amounts may stand alone,

1694

be incorporated into a toll rate structure, or be a combination

1695

thereof.

1696

     (4)(5) When bonds are outstanding which have been issued to

1697

finance or refinance any turnpike project, the tolls and all

1698

other revenues derived from the turnpike system and pledged to

1699

such bonds shall be set aside as may be provided in the

1700

resolution authorizing the issuance of such bonds or the trust

1701

agreement securing the same. The tolls or other revenues or other

1702

moneys so pledged and thereafter received by the department are

1703

immediately subject to the lien of such pledge without any

1704

physical delivery thereof or further act. The lien of any such

1705

pledge is valid and binding as against all parties having claims

1706

of any kind in tort or contract or otherwise against the

1707

department irrespective of whether such parties have notice

1708

thereof. Neither the resolution nor any trust agreement by which

1709

a pledge is created need be filed or recorded except in the

1710

records of the department.

1711

     (5)(6) In each fiscal year while any of the bonds of the

1712

Broward County Expressway Authority series 1984 and series 1986-A

1713

remain outstanding, the department is authorized to pledge

1714

revenues from the turnpike system to the payment of principal and

1715

interest of such series of bonds and the operation and

1716

maintenance expenses of the Sawgrass Expressway, to the extent

1717

gross toll revenues of the Sawgrass Expressway are insufficient

1718

to make such payments. The terms of an agreement relative to the

1719

pledge of turnpike system revenue will be negotiated with the

1720

parties of the 1984 and 1986 Broward County Expressway Authority

1721

lease-purchase agreements, and subject to the covenants of those

1722

agreements. The agreement shall establish that the Sawgrass

1723

Expressway shall be subject to the planning, management, and

1724

operating control of the department limited only by the terms of

1725

the lease-purchase agreements. The department shall provide for

1726

the payment of operation and maintenance expenses of the Sawgrass

1727

Expressway until such agreement is in effect. This pledge of

1728

turnpike system revenues shall be subordinate to the debt service

1729

requirements of any future issue of turnpike bonds, the payment

1730

of turnpike system operation and maintenance expenses, and

1731

subject to provisions of any subsequent resolution or trust

1732

indenture relating to the issuance of such turnpike bonds.

1733

     (6)(7) The use and disposition of revenues pledged to bonds

1734

are subject to the provisions of ss. 338.22-338.241 and such

1735

regulations as the resolution authorizing the issuance of such

1736

bonds or such trust agreement may provide.

1737

     (7) Notwithstanding any other provision of law and

1738

effective July 1, 2008, the turnpike enterprise shall increase

1739

tolls on all existing toll facilities by 25 percent and, in

1740

addition, shall index that increase to the annual Consumer Price

1741

Index or similar inflation factors as established in s. 338.165.

1742

     Section 39.  Paragraph (c) of subsection (4) of section

1743

339.12, Florida Statutes, is amended, and paragraph (d) is added

1744

to that subsection, to read:

1745

     339.12  Aid and contributions by governmental entities for

1746

department projects; federal aid.--

1747

     (4)

1748

     (c)  The department may enter into agreements under this

1749

subsection for a project or project phase not included in the

1750

adopted work program. As used in this paragraph, the term

1751

"project phase" means acquisition of rights-of-way, construction,

1752

construction inspection, and related support phases. The project

1753

or project phase must be a high priority of the governmental

1754

entity. Reimbursement for a project or project phase must be made

1755

from funds appropriated by the Legislature pursuant to s.

1756

339.135(5). All other provisions of this subsection apply to

1757

agreements entered into under this paragraph. The total amount of

1758

project agreements for projects or project phases not included in

1759

the adopted work program authorized by this paragraph may not at

1760

any time exceed $100 million. However, notwithstanding such $100

1761

million limit and any similar limit in s. 334.30, project

1762

advances for any inland county with a population greater than

1763

500,000 dedicating amounts equal to $500 million or more of its

1764

Local Government Infrastructure Surtax pursuant to s. 212.055(2)

1765

for improvements to the State Highway System which are included

1766

in the local metropolitan planning organization's or the

1767

department's long-range transportation plans shall be excluded

1768

from the calculation of the statewide limit of project advances.

1769

     (d) The department may enter into agreements under this

1770

subsection with any county having a population of 150,000 or

1771

fewer as determined by the most recent official estimate pursuant

1772

to s. 186.901 for a project or project phase not included in the

1773

adopted work program. As used in this paragraph, the term

1774

"project phase" means acquisition of rights-of-way, construction,

1775

construction inspection, and related support phases. The project

1776

or project phase must be a high priority of the governmental

1777

entity. Reimbursement for a project or project phase must be made

1778

from funds appropriated by the Legislature pursuant to s.

1779

339.135(5). All other provisions of this subsection apply to

1780

agreements entered into under this paragraph. The total amount of

1781

project agreements for projects or project phases not included in

1782

the adopted work program authorized by this paragraph may not at

1783

any time exceed $200 million. The project must be included in the

1784

local government's adopted comprehensive plan. The department is

1785

authorized to enter into long-term repayment agreements of up to

1786

30 years.

1787

     Section 40.  Paragraph (d) of subsection (7) of section

1788

339.135, Florida Statutes, is amended to read:

1789

     339.135  Work program; legislative budget request;

1790

definitions; preparation, adoption, execution, and amendment.--

1791

     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

1792

     (d)1. Whenever the department proposes any amendment to the

1793

adopted work program, as defined in subparagraph (c)1. or

1794

subparagraph (c)3., which deletes or defers a construction phase

1795

on a capacity project, it shall notify each county affected by

1796

the amendment and each municipality within the county. The

1797

notification shall be issued in writing to the chief elected

1798

official of each affected county, each municipality within the

1799

county, and the chair of each affected metropolitan planning

1800

organization. Each affected county and each municipality in the

1801

county, is encouraged to coordinate with each other to determine

1802

how the amendment effects local concurrency management and

1803

regional transportation planning efforts. Each affected county,

1804

and each municipality within the county, shall have 14 days to

1805

provide written comments to the department regarding how the

1806

amendment will effect its respective concurrency management

1807

systems, including whether any development permits were issued

1808

contingent upon the capacity improvement, if applicable. After

1809

receipt of written comments from the affected local governments,

1810

the department shall include any written comments submitted by

1811

such local governments in its preparation of the proposed

1812

amendment.

1813

     2. Following the 14-day comment period in subparagraph 1.,

1814

if applicable, whenever the department proposes any amendment to

1815

the adopted work program, which amendment is defined in

1816

subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or

1817

subparagraph (c)4., it shall submit the proposed amendment to the

1818

Governor for approval and shall immediately notify the chairs of

1819

the legislative appropriations committees, the chairs of the

1820

legislative transportation committees, and each member of the

1821

Legislature who represents a district affected by the proposed

1822

amendment. It shall also notify, each metropolitan planning

1823

organization affected by the proposed amendment, and each unit of

1824

local government affected by the proposed amendment, unless it

1825

provided to each the notification required by subparagraph 1.

1826

Such proposed amendment shall provide a complete justification of

1827

the need for the proposed amendment.

1828

     3.2. The Governor shall not approve a proposed amendment

1829

until 14 days following the notification required in subparagraph

1830

2. 1.

1831

     4.3. If either of the chairs of the legislative

1832

appropriations committees or the President of the Senate or the

1833

Speaker of the House of Representatives objects in writing to a

1834

proposed amendment within 14 days following notification and

1835

specifies the reasons for such objection, the Governor shall

1836

disapprove the proposed amendment.

1837

     Section 41.  Section 339.155, Florida Statutes, is amended

1838

to read:

1839

     339.155  Transportation planning.--

1840

     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall

1841

develop and annually update a statewide transportation plan, to

1842

be known as the Florida Transportation Plan. The plan shall be

1843

designed so as to be easily read and understood by the general

1844

public. The purpose of the Florida Transportation Plan is to

1845

establish and define the state's long-range transportation goals

1846

and objectives to be accomplished over a period of at least 20

1847

years within the context of the State Comprehensive Plan, and any

1848

other statutory mandates and authorizations and based upon the

1849

prevailing principles of: preserving the existing transportation

1850

infrastructure; enhancing Florida's economic competitiveness; and

1851

improving travel choices to ensure mobility. The Florida

1852

Transportation Plan shall consider the needs of the entire state

1853

transportation system and examine the use of all modes of

1854

transportation to effectively and efficiently meet such needs.

1855

     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry

1856

out a transportation planning process in conformance with s.

1857

334.046(1). which provides for consideration of projects and

1858

strategies that will:

1859

     (a) Support the economic vitality of the United States,

1860

Florida, and the metropolitan areas, especially by enabling

1861

global competitiveness, productivity, and efficiency;

1862

     (b) Increase the safety and security of the transportation

1863

system for motorized and nonmotorized users;

1864

     (c) Increase the accessibility and mobility options

1865

available to people and for freight;

1866

     (d) Protect and enhance the environment, promote energy

1867

conservation, and improve quality of life;

1868

     (e) Enhance the integration and connectivity of the

1869

transportation system, across and between modes throughout

1870

Florida, for people and freight;

1871

     (f) Promote efficient system management and operation; and

1872

     (g) Emphasize the preservation of the existing

1873

transportation system.

1874

     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

1875

Transportation Plan shall be a unified, concise planning document

1876

that clearly defines the state's long-range transportation goals

1877

and objectives and documents the department's short-range

1878

objectives developed to further such goals and objectives. The

1879

plan shall:

1880

     (a) Include a glossary that clearly and succinctly defines

1881

any and all phrases, words, or terms of art included in the plan,

1882

with which the general public may be unfamiliar. and shall

1883

consist of, at a minimum, the following components:

1884

     (b)(a) Document A long-range component documenting the

1885

goals and long-term objectives necessary to implement the results

1886

of the department's findings from its examination of the

1887

prevailing principles and criteria provided under listed in

1888

subsection (2) and s. 334.046(1). The long-range component must

1889

     (c) Be developed in cooperation with the metropolitan

1890

planning organizations and reconciled, to the maximum extent

1891

feasible, with the long-range plans developed by metropolitan

1892

planning organizations pursuant to s. 339.175. The plan must also

1893

     (d) Be developed in consultation with affected local

1894

officials in nonmetropolitan areas and with any affected Indian

1895

tribal governments. The plan must

1896

     (e) Provide an examination of transportation issues likely

1897

to arise during at least a 20-year period. The long-range

1898

component shall

1899

     (f) Be updated at least once every 5 years, or more often

1900

as necessary, to reflect substantive changes to federal or state

1901

law.

1902

     (b) A short-range component documenting the short-term

1903

objectives and strategies necessary to implement the goals and

1904

long-term objectives contained in the long-range component. The

1905

short-range component must define the relationship between the

1906

long-range goals and the short-range objectives, specify those

1907

objectives against which the department's achievement of such

1908

goals will be measured, and identify transportation strategies

1909

necessary to efficiently achieve the goals and objectives in the

1910

plan. It must provide a policy framework within which the

1911

department's legislative budget request, the strategic

1912

information resource management plan, and the work program are

1913

developed. The short-range component shall serve as the

1914

department's annual agency strategic plan pursuant to s. 186.021.

1915

The short-range component shall be developed consistent with

1916

available and forecasted state and federal funds. The short-range

1917

component shall also be submitted to the Florida Transportation

1918

Commission.

1919

     (4) ANNUAL PERFORMANCE REPORT.--The department shall

1920

develop an annual performance report evaluating the operation of

1921

the department for the preceding fiscal year. The report shall

1922

also include a summary of the financial operations of the

1923

department and shall annually evaluate how well the adopted work

1924

program meets the short-term objectives contained in the short-

1925

range component of the Florida Transportation Plan. This

1926

performance report shall be submitted to the Florida

1927

Transportation Commission and the legislative appropriations and

1928

transportation committees.

1929

     (4)(5) ADDITIONAL TRANSPORTATION PLANS.--

1930

     (a)  Upon request by local governmental entities, the

1931

department may in its discretion develop and design

1932

transportation corridors, arterial and collector streets,

1933

vehicular parking areas, and other support facilities which are

1934

consistent with the plans of the department for major

1935

transportation facilities. The department may render to local

1936

governmental entities or their planning agencies such technical

1937

assistance and services as are necessary so that local plans and

1938

facilities are coordinated with the plans and facilities of the

1939

department.

1940

     (b)  Each regional planning council, as provided for in s.

1941

186.504, or any successor agency thereto, shall develop, as an

1942

element of its strategic regional policy plan, transportation

1943

goals and policies. The transportation goals and policies must be

1944

prioritized to comply with the prevailing principles provided in

1945

subsection (2) and s. 334.046(1). The transportation goals and

1946

policies shall be consistent, to the maximum extent feasible,

1947

with the goals and policies of the metropolitan planning

1948

organization and the Florida Transportation Plan. The

1949

transportation goals and policies of the regional planning

1950

council will be advisory only and shall be submitted to the

1951

department and any affected metropolitan planning organization

1952

for their consideration and comments. Metropolitan planning

1953

organization plans and other local transportation plans shall be

1954

developed consistent, to the maximum extent feasible, with the

1955

regional transportation goals and policies. The regional planning

1956

council shall review urbanized area transportation plans and any

1957

other planning products stipulated in s. 339.175 and provide the

1958

department and respective metropolitan planning organizations

1959

with written recommendations which the department and the

1960

metropolitan planning organizations shall take under advisement.

1961

Further, the regional planning councils shall directly assist

1962

local governments which are not part of a metropolitan area

1963

transportation planning process in the development of the

1964

transportation element of their comprehensive plans as required

1965

by s. 163.3177.

1966

     (c)  Regional transportation plans may be developed in

1967

regional transportation areas in accordance with an interlocal

1968

agreement entered into pursuant to s. 163.01 by two or more

1969

contiguous metropolitan planning organizations; one or more

1970

metropolitan planning organizations and one or more contiguous

1971

counties, none of which is a member of a metropolitan planning

1972

organization; a multicounty regional transportation authority

1973

created by or pursuant to law; two or more contiguous counties

1974

that are not members of a metropolitan planning organization; or

1975

metropolitan planning organizations comprised of three or more

1976

counties.

1977

     (d)  The interlocal agreement must, at a minimum, identify

1978

the entity that will coordinate the development of the regional

1979

transportation plan; delineate the boundaries of the regional

1980

transportation area; provide the duration of the agreement and

1981

specify how the agreement may be terminated, modified, or

1982

rescinded; describe the process by which the regional

1983

transportation plan will be developed; and provide how members of

1984

the entity will resolve disagreements regarding interpretation of

1985

the interlocal agreement or disputes relating to the development

1986

or content of the regional transportation plan. Such interlocal

1987

agreement shall become effective upon its recordation in the

1988

official public records of each county in the regional

1989

transportation area.

1990

     (e)  The regional transportation plan developed pursuant to

1991

this section must, at a minimum, identify regionally significant

1992

transportation facilities located within a regional

1993

transportation area and contain a prioritized list of regionally

1994

significant projects. The level-of-service standards for

1995

facilities to be funded under this subsection shall be adopted by

1996

the appropriate local government in accordance with s.

1997

163.3180(10). The projects shall be adopted into the capital

1998

improvements schedule of the local government comprehensive plan

1999

pursuant to s. 163.3177(3).

2000

     (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN

2001

TRANSPORTATION PLANNING.--

2002

     (a) During the development of the long-range component of

2003

the Florida Transportation Plan and prior to substantive

2004

revisions, the department shall provide citizens, affected public

2005

agencies, representatives of transportation agency employees,

2006

other affected employee representatives, private providers of

2007

transportation, and other known interested parties with an

2008

opportunity to comment on the proposed plan or revisions. These

2009

opportunities shall include, at a minimum, publishing a notice in

2010

the Florida Administrative Weekly and within a newspaper of

2011

general circulation within the area of each department district

2012

office.

2013

     (b)  During development of major transportation

2014

improvements, such as those increasing the capacity of a facility

2015

through the addition of new lanes or providing new access to a

2016

limited or controlled access facility or construction of a

2017

facility in a new location, the department shall hold one or more

2018

hearings prior to the selection of the facility to be provided;

2019

prior to the selection of the site or corridor of the proposed

2020

facility; and prior to the selection of and commitment to a

2021

specific design proposal for the proposed facility. Such public

2022

hearings shall be conducted so as to provide an opportunity for

2023

effective participation by interested persons in the process of

2024

transportation planning and site and route selection and in the

2025

specific location and design of transportation facilities. The

2026

various factors involved in the decision or decisions and any

2027

alternative proposals shall be clearly presented so that the

2028

persons attending the hearing may present their views relating to

2029

the decision or decisions which will be made.

2030

     (c)  Opportunity for design hearings:

2031

     1.  The department, prior to holding a design hearing, shall

2032

duly notify all affected property owners of record, as recorded

2033

in the property appraiser's office, by mail at least 20 days

2034

prior to the date set for the hearing. The affected property

2035

owners shall be:

2036

     a.  Those whose property lies in whole or in part within 300

2037

feet on either side of the centerline of the proposed facility.

2038

     b.  Those whom the department determines will be

2039

substantially affected environmentally, economically, socially,

2040

or safetywise.

2041

     2.  For each subsequent hearing, the department shall

2042

publish notice prior to the hearing date in a newspaper of

2043

general circulation for the area affected. These notices must be

2044

published twice, with the first notice appearing at least 15

2045

days, but no later than 30 days, before the hearing.

2046

     3.  A copy of the notice of opportunity for the hearing must

2047

be furnished to the United States Department of Transportation

2048

and to the appropriate departments of the state government at the

2049

time of publication.

2050

     4.  The opportunity for another hearing shall be afforded in

2051

any case when proposed locations or designs are so changed from

2052

those presented in the notices specified above or at a hearing as

2053

to have a substantially different social, economic, or

2054

environmental effect.

2055

     5.  The opportunity for a hearing shall be afforded in each

2056

case in which the department is in doubt as to whether a hearing

2057

is required.

2058

     Section 42.  Subsection (3) and paragraphs (b) and (c) of

2059

subsection (4) of section 339.2816, Florida Statutes, are amended

2060

to read:

2061

     339.2816  Small County Road Assistance Program.--

2062

     (3)  Beginning with fiscal year 1999-2000 until fiscal year

2063

2009-2010, and beginning again with fiscal year 2012-2013, up to

2064

$25 million annually from the State Transportation Trust Fund may

2065

be used for the purposes of funding the Small County Road

2066

Assistance Program as described in this section.

2067

     (4)

2068

     (b)  In determining a county's eligibility for assistance

2069

under this program, the department may consider whether the

2070

county has attempted to keep county roads in satisfactory

2071

condition, including the amount of local option fuel tax and ad

2072

valorem millage rate imposed by the county. The department may

2073

also consider the extent to which the county has offered to

2074

provide a match of local funds with state funds provided under

2075

the program. At a minimum, small counties shall be eligible only

2076

if:

2077

     1. The county has enacted the maximum rate of the local

2078

option fuel tax authorized by s. 336.025(1)(a)., and has imposed

2079

an ad valorem millage rate of at least 8 mills; or

2080

     2. The county has imposed an ad valorem millage rate of 10

2081

mills.

2082

     (c)  The following criteria shall be used to prioritize road

2083

projects for funding under the program:

2084

     1.  The primary criterion is the physical condition of the

2085

road as measured by the department.

2086

     2.  As secondary criteria the department may consider:

2087

     a.  Whether a road is used as an evacuation route.

2088

     b.  Whether a road has high levels of agricultural travel.

2089

     c.  Whether a road is considered a major arterial route.

2090

     d.  Whether a road is considered a feeder road.

2091

     e. Whether a road is located in a fiscally constrained

2092

county, as defined in s. 218.67(1).

2093

     f.e. Other criteria related to the impact of a project on

2094

the public road system or on the state or local economy as

2095

determined by the department.

2096

     Section 43.  Subsections (1) and (3) of section 339.2819,

2097

Florida Statutes, are amended to read:

2098

     339.2819  Transportation Regional Incentive Program.--

2099

     (1)  There is created within the Department of

2100

Transportation a Transportation Regional Incentive Program for

2101

the purpose of providing funds to improve regionally significant

2102

transportation facilities in regional transportation areas

2103

created pursuant to s. 339.155(4)(5).

2104

     (3)  The department shall allocate funding available for the

2105

Transportation Regional Incentive Program to the districts based

2106

on a factor derived from equal parts of population and motor fuel

2107

collections for eligible counties in regional transportation

2108

areas created pursuant to s. 339.155(4)(5).

2109

     Section 44.  Subsection (6) of section 339.285, Florida

2110

Statutes, is amended to read:

2111

     339.285  Enhanced Bridge Program for Sustainable

2112

Transportation.--

2113

     (6)  Preference shall be given to bridge projects located on

2114

corridors that connect to the Strategic Intermodal System,

2115

created under s. 339.64, and that have been identified as

2116

regionally significant in accordance with s. 339.155(4)(5)(c),

2117

(d), and (e).

2118

     Section 45.  Subsection (4) of section 348.0003, Florida

2119

Statutes, is amended to read:

2120

     348.0003  Expressway authority; formation; membership.--

2121

     (4)(a)  An authority may employ an executive secretary, an

2122

executive director, its own counsel and legal staff, technical

2123

experts, and such engineers and employees, permanent or

2124

temporary, as it may require and shall determine the

2125

qualifications and fix the compensation of such persons, firms,

2126

or corporations. An authority may employ a fiscal agent or

2127

agents; however, the authority must solicit sealed proposals from

2128

at least three persons, firms, or corporations for the

2129

performance of any services as fiscal agents. An authority may

2130

delegate to one or more of its agents or employees such of its

2131

power as it deems necessary to carry out the purposes of the

2132

Florida Expressway Authority Act, subject always to the

2133

supervision and control of the authority. Members of an authority

2134

may be removed from office by the Governor for misconduct,

2135

malfeasance, misfeasance, or nonfeasance in office.

2136

     (b)  Members of an authority are entitled to receive from

2137

the authority their travel and other necessary expenses incurred

2138

in connection with the business of the authority as provided in

2139

s. 112.061, but they may not draw salaries or other compensation.

2140

     (c) Members of each expressway an authority, transportation

2141

authority, bridge authority, or toll authority, created pursuant

2142

to this chapter, chapter 343 or chapter 349, or pursuant to any

2143

other legislative enactment, shall be required to comply with the

2144

applicable financial disclosure requirements of s. 8, Art. II of

2145

the State Constitution. This subsection does not subject a

2146

statutorily created expressway authority, transportation

2147

authority, bridge authority, or toll authority, other than one

2148

created under this part, to any of the requirements of this part

2149

other than those contained in this subsection.

2150

     Section 46.  Paragraph (c) is added to subsection (1) of

2151

section 348.0004, Florida Statutes, to read:

2152

     348.0004  Purposes and powers.--

2153

     (1)

2154

     (c) Notwithstanding any other provision of law, expressway

2155

authorities as defined in chapter 348 shall index toll rates on

2156

toll facilities to the annual Consumer Price Index or similar

2157

inflation indicators. Toll rate index for inflation under this

2158

subsection must be adopted and approved by the expressway

2159

authority board at a public meeting and may be made no more

2160

frequently than once a year and must be made no less frequently

2161

than once every 5 years as necessary to accommodate cash toll

2162

rate schedules. Toll rates may be increased beyond these limits

2163

as directed by bond documents, covenants, or governing body

2164

authorization or pursuant to department administrative rule.

2165

     Section 47. Part III of chapter 343, Florida Statutes,

2166

consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,

2167

343.76, and 343.77, is repealed.

2168

     Section 48. The Department of Transportation, in

2169

consultation with the Department of Law Enforcement, the Division

2170

of Emergency Management of the Department of Community Affairs,

2171

and the Office of Tourism, Trade, and Economic Development, and

2172

metropolitan planning organizations and regional planning

2173

councils within whose jurisdictional area the I-95 corridor lies,

2174

shall complete a study of transportation alternatives for the

2175

travel corridor parallel to Interstate 95 which takes into

2176

account the transportation, emergency management, homeland

2177

security, and economic development needs of the state. The report

2178

must include identification of cost-effective measures that may

2179

be implemented to alleviate congestion on Interstate 95,

2180

facilitate emergency and security responses, and foster economic

2181

development. The Department of Transportation shall send the

2182

report to the Governor, the President of the Senate, the Speaker

2183

of the House of Representatives, and each affected metropolitan

2184

planning organization by June 30, 2009.

2185

     Section 49.  Subsection (18) of section 409.908, Florida

2186

Statutes, is amended to read:

2187

     409.908  Reimbursement of Medicaid providers.--Subject to

2188

specific appropriations, the agency shall reimburse Medicaid

2189

providers, in accordance with state and federal law, according to

2190

methodologies set forth in the rules of the agency and in policy

2191

manuals and handbooks incorporated by reference therein. These

2192

methodologies may include fee schedules, reimbursement methods

2193

based on cost reporting, negotiated fees, competitive bidding

2194

pursuant to s. 287.057, and other mechanisms the agency considers

2195

efficient and effective for purchasing services or goods on

2196

behalf of recipients. If a provider is reimbursed based on cost

2197

reporting and submits a cost report late and that cost report

2198

would have been used to set a lower reimbursement rate for a rate

2199

semester, then the provider's rate for that semester shall be

2200

retroactively calculated using the new cost report, and full

2201

payment at the recalculated rate shall be effected retroactively.

2202

Medicare-granted extensions for filing cost reports, if

2203

applicable, shall also apply to Medicaid cost reports. Payment

2204

for Medicaid compensable services made on behalf of Medicaid

2205

eligible persons is subject to the availability of moneys and any

2206

limitations or directions provided for in the General

2207

Appropriations Act or chapter 216. Further, nothing in this

2208

section shall be construed to prevent or limit the agency from

2209

adjusting fees, reimbursement rates, lengths of stay, number of

2210

visits, or number of services, or making any other adjustments

2211

necessary to comply with the availability of moneys and any

2212

limitations or directions provided for in the General

2213

Appropriations Act, provided the adjustment is consistent with

2214

legislative intent.

2215

     (18)  Unless otherwise provided for in the General

2216

Appropriations Act, a provider of transportation services shall

2217

be reimbursed the lesser of the amount billed by the provider or

2218

the Medicaid maximum allowable fee established by the agency,

2219

except when the agency has entered into a direct contract with

2220

the provider, or with a community transportation coordinator, for

2221

the provision of an all-inclusive service, or when services are

2222

provided pursuant to an agreement negotiated between the agency

2223

and the provider. The agency, as provided for in s. 427.0135,

2224

shall purchase transportation services through the community

2225

coordinated transportation system, if available, unless the

2226

agency, after consultation with the commission, determines that

2227

it cannot reach mutually acceptable contract terms with the

2228

commission. The agency may then contract for the same

2229

transportation services provided in a more cost-effective manner

2230

and of comparable or higher quality and standards determines a

2231

more cost-effective method for Medicaid clients. Nothing in this

2232

subsection shall be construed to limit or preclude the agency

2233

from contracting for services using a prepaid capitation rate or

2234

from establishing maximum fee schedules, individualized

2235

reimbursement policies by provider type, negotiated fees, prior

2236

authorization, competitive bidding, increased use of mass

2237

transit, or any other mechanism that the agency considers

2238

efficient and effective for the purchase of services on behalf of

2239

Medicaid clients, including implementing a transportation

2240

eligibility process. The agency shall not be required to contract

2241

with any community transportation coordinator or transportation

2242

operator that has been determined by the agency, the Department

2243

of Legal Affairs Medicaid Fraud Control Unit, or any other state

2244

or federal agency to have engaged in any abusive or fraudulent

2245

billing activities. The agency is authorized to competitively

2246

procure transportation services or make other changes necessary

2247

to secure approval of federal waivers needed to permit federal

2248

financing of Medicaid transportation services at the service

2249

matching rate rather than the administrative matching rate.

2250

Notwithstanding chapter 427, the agency is authorized to continue

2251

contracting for Medicaid nonemergency transportation services in

2252

agency service area 11 with managed care plans that were under

2253

contract for those services before July 1, 2004.

2254

     Section 50.  Subsections (8), (12), and (13) of section

2255

427.011, Florida Statutes, are amended to read:

2256

     427.011  Definitions.--For the purposes of ss. 427.011-

2257

427.017:

2258

     (8) "Purchasing agency" "Member department" means a

2259

department or agency whose head is an ex officio, nonvoting

2260

advisor to a member of the commission, or an agency that

2261

purchases transportation services for the transportation

2262

disadvantaged.

2263

     (12) "Annual budget estimate" means a budget estimate of

2264

funding resources available for providing transportation services

2265

to the transportation disadvantaged and which is prepared

2266

annually to cover a period of 1 state fiscal year.

2267

     (12)(13) "Nonsponsored transportation disadvantaged

2268

services" means transportation disadvantaged services that are

2269

not sponsored or subsidized by any funding source other than the

2270

Transportation Disadvantaged Trust Fund.

2271

     Section 51.  Subsection (4) of section 427.012, Florida

2272

Statutes, is amended to read:

2273

     427.012  The Commission for the Transportation

2274

Disadvantaged.--There is created the Commission for the

2275

Transportation Disadvantaged in the Department of Transportation.

2276

     (4)  The commission shall meet at least quarterly, or more

2277

frequently at the call of the chairperson. Four Five members of

2278

the commission constitute a quorum, and a majority vote of the

2279

members present is necessary for any action taken by the

2280

commission.

2281

     Section 52.  Subsections (7), (8), (9), (14), and (26) of

2282

section 427.013, Florida Statutes, are amended, and subsection

2283

(29) is added to that section, to read:

2284

     427.013  The Commission for the Transportation

2285

Disadvantaged; purpose and responsibilities.--The purpose of the

2286

commission is to accomplish the coordination of transportation

2287

services provided to the transportation disadvantaged. The goal

2288

of this coordination is shall be to assure the cost-effective

2289

provision of transportation by qualified community transportation

2290

coordinators or transportation operators for the transportation

2291

disadvantaged without any bias or presumption in favor of

2292

multioperator systems or not-for-profit transportation operators

2293

over single operator systems or for-profit transportation

2294

operators. In carrying out this purpose, the commission shall:

2295

     (7) Unless otherwise provided by state or federal law,

2296

ensure Assure that all procedures, guidelines, and directives

2297

issued by purchasing agencies member departments are conducive to

2298

the coordination of transportation services.

2299

     (8)(a) Ensure Assure that purchasing agencies member

2300

departments purchase all trips within the coordinated system,

2301

unless they have fulfilled the requirements of s. 427.0135(3) and

2302

use a more cost-effective alternative provider that meets

2303

comparable quality and standards.

2304

     (b) Unless the purchasing agency has negotiated with the

2305

commission pursuant to the requirements of s. 427.0135(3),

2306

provide, by rule, criteria and procedures for purchasing agencies

2307

member departments to use if they wish to use an alternative

2308

provider. Agencies Departments must demonstrate either that the

2309

proposed alternative provider can provide a trip of comparable

2310

acceptable quality and standards for the clients at a lower cost

2311

than that provided within the coordinated system, or that the

2312

coordinated system cannot accommodate the agency's department's

2313

clients.

2314

     (9) Unless the purchasing agency has negotiated with the

2315

commission pursuant to the requirements of s. 427.0135(3),

2316

develop by rule standards for community transportation

2317

coordinators and any transportation operator or coordination

2318

contractor from whom service is purchased or arranged by the

2319

community transportation coordinator covering coordination,

2320

operation, safety, insurance, eligibility for service, costs, and

2321

utilization of transportation disadvantaged services. These

2322

standards and rules must include, but are not limited to:

2323

     (a) Inclusion, by rule, of acceptable ranges of trip costs

2324

for the various modes and types of transportation services

2325

provided.

2326

     (a)(b) Minimum performance standards for the delivery of

2327

services. These standards must be included in coordinator

2328

contracts and transportation operator contracts with clear

2329

penalties for repeated or continuing violations.

2330

     (b)(c) Minimum liability insurance requirements for all

2331

transportation services purchased, provided, or coordinated for

2332

the transportation disadvantaged through the community

2333

transportation coordinator.

2334

     (14) Consolidate, for each state agency, the annual budget

2335

estimates for transportation disadvantaged services, and the

2336

amounts of each agency's actual expenditures, together with the

2337

actual expenditures annual budget estimates of each official

2338

planning agency, local government, and directly federally funded

2339

agency and the amounts collected by each official planning agency

2340

issue a report.

2341

     (26)  Develop a quality assurance and management review

2342

program to monitor, based upon approved commission standards,

2343

services contracted for by an agency, and those provided by a

2344

community transportation operator pursuant to s. 427.0155. Staff

2345

of the quality assurance and management review program shall

2346

function independently and be directly responsible to the

2347

executive director.

2348

     (29) Incur expenses for the purchase of advertisements,

2349

marketing services, and promotional items.

2350

     Section 53.  Section 427.0135, Florida Statutes, is amended

2351

to read:

2352

     427.0135 Purchasing agencies Member departments; duties and

2353

responsibilities.--Each purchasing agency member department, in

2354

carrying out the policies and procedures of the commission,

2355

shall:

2356

     (1)(a) Use the coordinated transportation system for

2357

provision of services to its clients, unless each department or

2358

purchasing agency meets the criteria outlined in rule or statute

2359

to use an alternative provider.

2360

     (b) Subject to the provisions of s. 409.908(18), the

2361

Medicaid agency shall purchase transportation services through

2362

the community coordinated transportation system unless a more

2363

cost-effective method is determined by the agency for Medicaid

2364

clients or unless otherwise limited or directed by the General

2365

Appropriations Act.

2366

     (2) Pay the rates established in the service plan or

2367

negotiated statewide contract, unless the purchasing agency has

2368

completed the procedure for using an alternative provider and

2369

demonstrated that a proposed alternative provider can provide a

2370

more cost-effective transportation service of comparable quality

2371

and standards or unless the agency has satisfied the requirements

2372

of subsection (3).

2373

     (3) Not procure transportation disadvantaged services

2374

without initially negotiating with the commission, as provided in

2375

s. 287.057(5)(f)13., or unless otherwise authorized by statute.

2376

If the purchasing agency, after consultation with the commission,

2377

determines that it cannot reach mutually acceptable contract

2378

terms with the commission, the purchasing agency may contract for

2379

the same transportation services provided in a more cost-

2380

effective manner and of comparable or higher quality and

2381

standards. The Medicaid agency shall implement this subsection in

2382

a manner consistent with s. 409.908(18) and as otherwise limited

2383

or directed by the General Appropriations Act.

2384

     (4) Identify in the legislative budget request provided to

2385

the Governor each year for the General Appropriations Act the

2386

specific amount of money the purchasing agency will allocate to

2387

provide transportation disadvantaged services.

2388

     (5)(2) Provide the commission, by September 15 of each

2389

year, an accounting of all funds spent as well as how many trips

2390

were purchased with agency funds.

2391

     (6)(3) Assist communities in developing coordinated

2392

transportation systems designed to serve the transportation

2393

disadvantaged. However, a purchasing agency member department may

2394

not serve as the community transportation coordinator in any

2395

designated service area.

2396

     (7)(4) Ensure Assure that its rules, procedures,

2397

guidelines, and directives are conducive to the coordination of

2398

transportation funds and services for the transportation

2399

disadvantaged.

2400

     (8)(5) Provide technical assistance, as needed, to

2401

community transportation coordinators or transportation operators

2402

or participating agencies.

2403

     Section 54.  Subsections (2) and (3) of section 427.015,

2404

Florida Statutes, are amended to read:

2405

     427.015  Function of the metropolitan planning organization

2406

or designated official planning agency in coordinating

2407

transportation for the transportation disadvantaged.--

2408

     (2)  Each metropolitan planning organization or designated

2409

official planning agency shall recommend to the commission a

2410

single community transportation coordinator. However, a

2411

purchasing agency member department may not serve as the

2412

community transportation coordinator in any designated service

2413

area. The coordinator may provide all or a portion of needed

2414

transportation services for the transportation disadvantaged but

2415

shall be responsible for the provision of those coordinated

2416

services. Based on approved commission evaluation criteria, the

2417

coordinator shall subcontract or broker those services that are

2418

more cost-effectively and efficiently provided by subcontracting

2419

or brokering. The performance of the coordinator shall be

2420

evaluated based on the commission's approved evaluation criteria

2421

by the coordinating board at least annually. A copy of the

2422

evaluation shall be submitted to the metropolitan planning

2423

organization or the designated official planning agency, and the

2424

commission. The recommendation or termination of any community

2425

transportation coordinator shall be subject to approval by the

2426

commission.

2427

     (3)  Each metropolitan planning organization or designated

2428

official planning agency shall request each local government in

2429

its jurisdiction to provide the actual expenditures an estimate

2430

of all local and direct federal funds to be expended for

2431

transportation for the disadvantaged. The metropolitan planning

2432

organization or designated official planning agency shall

2433

consolidate this information into a single report and forward it,

2434

by September 15 the beginning of each fiscal year, to the

2435

commission.

2436

     Section 55.  Subsection (7) of section 427.0155, Florida

2437

Statutes, is amended to read:

2438

     427.0155  Community transportation coordinators; powers and

2439

duties.--Community transportation coordinators shall have the

2440

following powers and duties:

2441

     (7)  In cooperation with the coordinating board and pursuant

2442

to criteria developed by the Commission for the Transportation

2443

Disadvantaged, establish eligibility guidelines and priorities

2444

with regard to the recipients of nonsponsored transportation

2445

disadvantaged services that are purchased with Transportation

2446

Disadvantaged Trust Fund moneys.

2447

     Section 56.  Subsection (4) of section 427.0157, Florida

2448

Statutes, is amended to read:

2449

     427.0157  Coordinating boards; powers and duties.--The

2450

purpose of each coordinating board is to develop local service

2451

needs and to provide information, advice, and direction to the

2452

community transportation coordinators on the coordination of

2453

services to be provided to the transportation disadvantaged. The

2454

commission shall, by rule, establish the membership of

2455

coordinating boards. The members of each board shall be appointed

2456

by the metropolitan planning organization or designated official

2457

planning agency. The appointing authority shall provide each

2458

board with sufficient staff support and resources to enable the

2459

board to fulfill its responsibilities under this section. Each

2460

board shall meet at least quarterly and shall:

2461

     (4)  Assist the community transportation coordinator in

2462

establishing eligibility guidelines and priorities with regard to

2463

the recipients of nonsponsored transportation disadvantaged

2464

services that are purchased with Transportation Disadvantaged

2465

Trust Fund moneys.

2466

     Section 57.  Subsections (2) and (3) of section 427.0158,

2467

Florida Statutes, are amended to read:

2468

     427.0158  School bus and public transportation.--

2469

     (2)  The school boards shall cooperate in the utilization of

2470

their vehicles to enhance coordinated disadvantaged

2471

transportation disadvantaged services by providing the

2472

information as requested by the community transportation

2473

coordinator required by this section and by allowing the use of

2474

their vehicles at actual cost upon request when those vehicles

2475

are available for such use and are not transporting students.

2476

Semiannually, no later than October 1 and April 30, a designee

2477

from the local school board shall provide the community

2478

transportation coordinator with copies to the coordinated

2479

transportation board, the following information for vehicles not

2480

scheduled 100 percent of the time for student transportation use:

2481

     (a) The number and type of vehicles by adult capacity,

2482

including days and times, that the vehicles are available for

2483

coordinated transportation disadvantaged services;

2484

     (b) The actual cost per mile by vehicle type available;

2485

     (c) The actual driver cost per hour;

2486

     (d) Additional actual cost associated with vehicle use

2487

outside the established workday or workweek of the entity; and

2488

     (e) Notification of lead time required for vehicle use.

2489

     (3)  The public transit fixed route or fixed schedule system

2490

shall cooperate in the utilization of its regular service to

2491

enhance coordinated transportation disadvantaged services by

2492

providing the information as requested by the community

2493

transportation coordinator required by this section. Annually, no

2494

later than October 1, a designee from the local public transit

2495

fixed route or fixed schedule system shall provide The community

2496

transportation coordinator may request, without limitation, with

2497

copies to the coordinated transportation board, the following

2498

information:

2499

     (a)  A copy of all current schedules, route maps, system

2500

map, and fare structure;

2501

     (b)  A copy of the current charter policy;

2502

     (c)  A copy of the current charter rates and hour

2503

requirements; and

2504

     (d)  Required notification time to arrange for a charter.

2505

     Section 58.  Subsection (4) is added to section 427.0159,

2506

Florida Statutes, to read:

2507

     427.0159  Transportation Disadvantaged Trust Fund.--

2508

     (4) A purchasing agency may deposit funds into the

2509

Transportation Disadvantaged Trust Fund for the commission to

2510

implement, manage, and administer the purchasing agency's

2511

transportation disadvantaged funds, as defined in s. 427.011(10).

2512

     Section 59.  Paragraph (b) of subsection (1) and subsection

2513

(2) of section 427.016, Florida Statutes, are amended to read:

2514

     427.016  Expenditure of local government, state, and federal

2515

funds for the transportation disadvantaged.--

2516

     (1)

2517

     (b) Nothing in This subsection does not shall be construed

2518

to limit or preclude a purchasing the Medicaid agency from

2519

establishing maximum fee schedules, individualized reimbursement

2520

policies by provider type, negotiated fees, competitive bidding,

2521

or any other mechanism, including contracting after initial

2522

negotiation with the commission, which that the agency considers

2523

more cost-effective and of comparable or higher quality and

2524

standards than those of the commission efficient and effective

2525

for the purchase of services on behalf of its Medicaid clients if

2526

it has fulfilled the requirements of s. 427.0135(3) or the

2527

procedure for using an alternative provider. State and local

2528

agencies shall not contract for any transportation disadvantaged

2529

services, including Medicaid reimbursable transportation

2530

services, with any community transportation coordinator or

2531

transportation operator that has been determined by the Agency

2532

for Health Care Administration, the Department of Legal Affairs

2533

Medicaid Fraud Control Unit, or any state or federal agency to

2534

have engaged in any abusive or fraudulent billing activities.

2535

     (2) Each year, each agency, whether or not it is an ex

2536

officio, nonvoting advisor to a member of the Commission for the

2537

Transportation Disadvantaged, shall identify in the legislative

2538

budget request provided to the Governor for the General

2539

Appropriations Act inform the commission in writing, before the

2540

beginning of each fiscal year, of the specific amount of any

2541

money the agency will allocate allocated for the provision of

2542

transportation disadvantaged services. Additionally, each state

2543

agency shall, by September 15 of each year, provide the

2544

commission with an accounting of the actual amount of funds

2545

expended and the total number of trips purchased.

2546

     Section 60.  Subsection (1) of section 479.01, Florida

2547

Statutes, is amended to read:

2548

     479.01  Definitions.--As used in this chapter, the term:

2549

     (1) "Automatic changeable facing" means a facing that which

2550

through a mechanical system is capable of delivering two or more

2551

advertising messages through an automated or remotely controlled

2552

process and shall not rotate so rapidly as to cause distraction

2553

to a motorist.

2554

     Section 61.  Subsections (1) and (5) of section 479.07,

2555

Florida Statutes, are amended to read:

2556

     479.07  Sign permits.--

2557

     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a

2558

person may not erect, operate, use, or maintain, or cause to be

2559

erected, operated, used, or maintained, any sign on the State

2560

Highway System outside an urban incorporated area, as defined in

2561

s. 334.03(32), or on any portion of the interstate or federal-aid

2562

primary highway system without first obtaining a permit for the

2563

sign from the department and paying the annual fee as provided in

2564

this section. For purposes of this section, "on any portion of

2565

the State Highway System, interstate, or federal-aid primary

2566

system" shall mean a sign located within the controlled area

2567

which is visible from any portion of the main-traveled way of

2568

such system.

2569

     (5)(a)  For each permit issued, the department shall furnish

2570

to the applicant a serially numbered permanent metal permit tag.

2571

The permittee is responsible for maintaining a valid permit tag

2572

on each permitted sign facing at all times. The tag shall be

2573

securely attached to the sign facing or, if there is no facing,

2574

on the pole nearest the highway; and it shall be attached in such

2575

a manner as to be plainly visible from the main-traveled way.

2576

Effective July 1, 2011, the tag shall be securely attached to the

2577

upper 50 percent of the pole nearest the highway in a manner as

2578

to be plainly visible from the main-traveled way. The permit will

2579

become void unless the permit tag is properly and permanently

2580

displayed at the permitted site within 30 days after the date of

2581

permit issuance. If the permittee fails to erect a completed sign

2582

on the permitted site within 270 days after the date on which the

2583

permit was issued, the permit will be void, and the department

2584

may not issue a new permit to that permittee for the same

2585

location for 270 days after the date on which the permit became

2586

void.

2587

     (b)  If a permit tag is lost, stolen, or destroyed, the

2588

permittee to whom the tag was issued may must apply to the

2589

department for a replacement tag. The department shall establish

2590

by rule a service fee for replacement tags in an amount that will

2591

recover the actual cost of providing the replacement tag. Upon

2592

receipt of the application accompanied by the a service fee of

2593

$3, the department shall issue a replacement permit tag.

2594

Alternatively, the permittee may provide its own replacement tag

2595

pursuant to department specifications which the department shall

2596

establish by rule at the time it establishes the service fee for

2597

replacement tags.

2598

     Section 62.  Section 479.08, Florida Statutes, is amended to

2599

read:

2600

     479.08  Denial or revocation of permit.--The department has

2601

the authority to deny or revoke any permit requested or granted

2602

under this chapter in any case in which it determines that the

2603

application for the permit contains knowingly false or knowingly

2604

misleading information. The department may revoke any permit

2605

granted under this chapter in any case where or that the

2606

permittee has violated any of the provisions of this chapter,

2607

unless such permittee, within 30 days after the receipt of notice

2608

by the department, corrects such false or misleading information

2609

and complies with the provisions of this chapter. For the purpose

2610

of this subsection, the notice of violation issued by the

2611

department shall describe in detail the alleged violation. Any

2612

person aggrieved by any action of the department in denying or

2613

revoking a permit under this chapter may, within 30 days after

2614

receipt of the notice, apply to the department for an

2615

administrative hearing pursuant to chapter 120. If a timely

2616

request for hearing has been filed and the department issues a

2617

final order revoking a permit, such revocation shall be effective

2618

30 days after the date of rendition. Except for department action

2619

pursuant to s. 479.107(1), the filing of a timely and proper

2620

notice of appeal shall operate to stay the revocation until the

2621

department's action is upheld.

2622

     Section 63.  Section 479.156, Florida Statutes, is amended

2623

to read:

2624

     479.156  Wall murals.--Notwithstanding any other provision

2625

of this chapter, a municipality or county may permit and regulate

2626

wall murals within areas designated by such government. If a

2627

municipality or county permits wall murals, a wall mural that

2628

displays a commercial message and is within 660 feet of the

2629

nearest edge of the right-of-way within an area adjacent to the

2630

interstate highway system or the federal-aid primary highway

2631

system shall be located in an area that is zoned for industrial

2632

or commercial use and the municipality or county shall establish

2633

and enforce regulations for such areas that, at a minimum, set

2634

forth criteria governing the size, lighting, and spacing of wall

2635

murals consistent with the intent of the Highway Beautification

2636

Act of 1965 and with customary use. Whenever a municipality or

2637

county exercises such control and makes a determination of

2638

customary use, pursuant to 23 U.S.C. s. 131(d), such

2639

determination shall be accepted in lieu of controls in the

2640

agreement between the state and the United States Department of

2641

Transportation, and the Department of Transportation shall notify

2642

the Federal Highway Administration pursuant to the agreement, 23

2643

U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that

2644

is subject to municipal or county regulation and the Highway

2645

Beautification Act of 1965 must be approved by the Department of

2646

Transportation and the Federal Highway Administration where

2647

required by federal law and federal regulation pursuant to and

2648

may not violate the agreement between the state and the United

2649

States Department of Transportation and or violate federal

2650

regulations enforced by the Department of Transportation under s.

2651

479.02(1). The existence of a wall mural as defined in s.

2652

479.01(27) shall not be considered in determining whether a sign

2653

as defined in s. 479.01(17), either existing or new, is in

2654

compliance with s. 479.07(9)(a).

2655

     Section 64.  Subsections (1), (3), (4), and (5) of section

2656

479.261, Florida Statutes, are amended to read:

2657

     479.261  Logo sign program.--

2658

     (1)  The department shall establish a logo sign program for

2659

the rights-of-way of the interstate highway system to provide

2660

information to motorists about available gas, food, lodging, and

2661

camping, attractions, and other services, as approved by the

2662

Federal Highway Administration, at interchanges, through the use

2663

of business logos, and may include additional interchanges under

2664

the program. A logo sign for nearby attractions may be added to

2665

this program if allowed by federal rules.

2666

     (a)  An attraction as used in this chapter is defined as an

2667

establishment, site, facility, or landmark that which is open a

2668

minimum of 5 days a week for 52 weeks a year; that which charges

2669

an admission for entry; which has as its principal focus family-

2670

oriented entertainment, cultural, educational, recreational,

2671

scientific, or historical activities; and that which is publicly

2672

recognized as a bona fide tourist attraction. However, the

2673

permits for businesses seeking to participate in the attractions

2674

logo sign program shall be awarded by the department annually to

2675

the highest bidders, notwithstanding the limitation on fees in

2676

subsection (5), which are qualified for available space at each

2677

qualified location, but the fees therefor may not be less than

2678

the fees established for logo participants in other logo

2679

categories.

2680

     (b)  The department shall incorporate the use of RV-friendly

2681

markers on specific information logo signs for establishments

2682

that cater to the needs of persons driving recreational vehicles.

2683

Establishments that qualify for participation in the specific

2684

information logo program and that also qualify as "RV-friendly"

2685

may request the RV-friendly marker on their specific information

2686

logo sign. An RV-friendly marker must consist of a design

2687

approved by the Federal Highway Administration. The department

2688

shall adopt rules in accordance with chapter 120 to administer

2689

this paragraph, including rules setting forth the minimum

2690

requirements that establishments must meet in order to qualify as

2691

RV-friendly. These requirements shall include large parking

2692

spaces, entrances, and exits that can easily accommodate

2693

recreational vehicles and facilities having appropriate overhead

2694

clearances, if applicable.

2695

     (c) The department may implement a 3-year rotation-based

2696

logo program providing for the removal and addition of

2697

participating businesses in the program.

2698

     (3)  Logo signs may be installed upon the issuance of an

2699

annual permit by the department or its agent and payment of a an

2700

application and permit fee to the department or its agent.

2701

     (4)  The department may contract pursuant to s. 287.057 for

2702

the provision of services related to the logo sign program,

2703

including recruitment and qualification of businesses, review of

2704

applications, permit issuance, and fabrication, installation, and

2705

maintenance of logo signs. The department may reject all

2706

proposals and seek another request for proposals or otherwise

2707

perform the work. If the department contracts for the provision

2708

of services for the logo sign program, the contract must require,

2709

unless the business owner declines, that businesses that

2710

previously entered into agreements with the department to

2711

privately fund logo sign construction and installation be

2712

reimbursed by the contractor for the cost of the signs which has

2713

not been recovered through a previously agreed upon waiver of

2714

fees. The contract also may allow the contractor to retain a

2715

portion of the annual fees as compensation for its services.

2716

     (5)  Permit fees for businesses that participate in the

2717

program must be established in an amount sufficient to offset the

2718

total cost to the department for the program, including contract

2719

costs. The department shall provide the services in the most

2720

efficient and cost-effective manner through department staff or

2721

by contracting for some or all of the services. The department

2722

shall adopt rules that set reasonable rates based upon factors

2723

such as population, traffic volume, market demand, and costs for

2724

annual permit fees. However, annual permit fees for sign

2725

locations inside an urban area, as defined in s. 334.03(32), may

2726

not exceed $5,000 and annual permit fees for sign locations

2727

outside an urban area, as defined in s. 334.03(32), may not

2728

exceed $2,500. After recovering program costs, the proceeds from

2729

the logo program shall be deposited into the State Transportation

2730

Trust Fund and used for transportation purposes. Such annual

2731

permit fee shall not exceed $1,250.

2732

     Section 65.  Section 212.0606, Florida Statutes, is amended

2733

to read:

2734

     212.0606 Rental car surcharge; discretionary local rental

2735

car surcharge.--

2736

     (1) A surcharge of $2 $2.00 per day or any part of a day is

2737

imposed upon the lease or rental of a motor vehicle licensed for

2738

hire and designed to carry fewer less than nine passengers,

2739

regardless of whether such motor vehicle is licensed in Florida.

2740

The surcharge applies to only the first 30 days of the term of

2741

any lease or rental and. The surcharge is subject to all

2742

applicable taxes imposed by this chapter.

2743

     (2)(a) Notwithstanding s. the provisions of section 212.20,

2744

and less costs of administration, 80 percent of the proceeds of

2745

the this surcharge imposed under subsection (1) shall be

2746

deposited in the State Transportation Trust Fund, 15.75 percent

2747

of the proceeds of this surcharge shall be deposited in the

2748

Tourism Promotional Trust Fund created in s. 288.122, and 4.25

2749

percent of the proceeds of this surcharge shall be deposited in

2750

the Florida International Trade and Promotion Trust Fund. As used

2751

in For the purposes of this subsection, "proceeds" of the

2752

surcharge means all funds collected and received by the

2753

department under subsection (1) this section, including interest

2754

and penalties on delinquent surcharges. The department shall

2755

provide the Department of Transportation rental car surcharge

2756

revenue information for the previous state fiscal year by

2757

September 1 of each year.

2758

     (b)  Notwithstanding any other provision of law, in fiscal

2759

year 2007-2008 and each year thereafter, the proceeds deposited

2760

in the State Transportation Trust Fund shall be allocated on an

2761

annual basis in the Department of Transportation's work program

2762

to each department district, except the Turnpike District. The

2763

amount allocated for each district shall be based upon the amount

2764

of proceeds attributed to the counties within each respective

2765

district.

2766

     (3)(a) In addition to the surcharge imposed under

2767

subsection (1), each county containing an international airport

2768

may levy a discretionary local surcharge pursuant to county

2769

ordinance and subject to approval by a majority vote of the

2770

electorate of the county voting in a referendum on the local

2771

surcharge of $2 per day, or any part of a day, upon the lease or

2772

rental, originating at an international airport, of a motor

2773

vehicle licensed for hire and designed to carry fewer than nine

2774

passengers, regardless of whether such motor vehicle is licensed

2775

in this state. The surcharge may be applied to only the first 30

2776

days of the term of the lease or rental and is subject to all

2777

applicable taxes imposed by this chapter.

2778

     (b) If the ordinance authorizing the imposition of the

2779

surcharge is approved by such referendum, a certified copy of the

2780

ordinance shall be furnished by the county to the department

2781

within 10 days after such approval, but no later than November 16

2782

prior to the effective date. The notice must specify the time

2783

period during which the surcharge will be in effect and must

2784

include a copy of the ordinance and such other information as the

2785

department requires by rule. Failure to timely provide such

2786

notification to the department shall result in delay of the

2787

effective date for a period of 1 year. The effective date for any

2788

county to impose the surcharge shall be January 1 following the

2789

year in which the ordinance was approved by referendum. A local

2790

surcharge may not terminate on a date other than December 31.

2791

     (c) Any dealer that collects the local surcharge but fails

2792

to report surcharge collections by county, as required by

2793

paragraph (4)(b), shall have the surcharge proceeds deposited

2794

into the Solid Waste Management Trust Fund and then transferred

2795

to the Local Option Fuel Tax Trust Fund, which is separate from

2796

the county surcharge collection accounts. The department shall

2797

distribute funds in this account, less the cost of

2798

administration, using a distribution factor determined for each

2799

county that levies a surcharge based on the county's latest

2800

official population determined pursuant to s. 186.901 and

2801

multiplied by the amount of funds in the account and available

2802

for distribution.

2803

     (d) Notwithstanding s. 212.20, and less the costs of

2804

administration, the proceeds of the local surcharge imposed under

2805

paragraph (a) shall be transferred to the Local Option Fuel Tax

2806

Trust Fund and distributed monthly by the department under s.

2807

336.025(3)(a)1. or (4)(a) and used solely for costs associated

2808

with the construction, reconstruction, operation, maintenance,

2809

and repair of facilities under a commuter rail service program

2810

provided by the state or other governmental entity. As used in

2811

this subsection, "proceeds" of the local surcharge means all

2812

funds collected and received by the department under this

2813

subsection, including interest and penalties on delinquent

2814

surcharges.

2815

     (4)(3)(a) Except as provided in this section, the

2816

department shall administer, collect, and enforce the surcharge

2817

and local surcharge as provided in this chapter.

2818

     (b)  The department shall require dealers to report

2819

surcharge collections according to the county to which the

2820

surcharge and local surcharge was attributed. For purposes of

2821

this section, the surcharge and local surcharge shall be

2822

attributed to the county where the rental agreement was entered

2823

into.

2824

     (c) Dealers who collect a the rental car surcharge shall

2825

report to the department all surcharge and local surcharge

2826

revenues attributed to the county where the rental agreement was

2827

entered into on a timely filed return for each required reporting

2828

period. The provisions of this chapter which apply to interest

2829

and penalties on delinquent taxes shall apply to the surcharge

2830

and local surcharge. The surcharge and local surcharge shall not

2831

be included in the calculation of estimated taxes pursuant to s.

2832

212.11. The dealer's credit provided in s. 212.12 shall not apply

2833

to any amount collected under this section.

2834

     (5)(4) The surcharge and any local surcharge imposed by

2835

this section does not apply to a motor vehicle provided at no

2836

charge to a person whose motor vehicle is being repaired,

2837

adjusted, or serviced by the entity providing the replacement

2838

motor vehicle.

2839

     Section 66.  Subsections (8), (9), (10), (11), (12), (13),

2840

and (14) are added to section 341.301, Florida Statutes, to read:

2841

     341.301  Definitions; ss. 341.302 and 341.303.--As used in

2842

ss. 341.302 and 341.303, the term:

2843

     (8) "Commuter rail passenger" or "passengers" means and

2844

includes any and all persons, ticketed or unticketed, using the

2845

commuter rail service on a department owned rail corridor:

2846

     (a) On board trains, locomotives, rail cars, or rail

2847

equipment employed in commuter rail service or entraining and

2848

detraining therefrom;

2849

     (b) On or about the rail corridor for any purpose related

2850

to the commuter rail service, including, without limitation,

2851

parking, inquiring about commuter rail service or purchasing

2852

tickets therefor, and coming to, waiting for, leaving from, or

2853

observing trains, locomotives, rail cars, or rail equipment; or

2854

     (c) Meeting, assisting, or in the company of any person

2855

described in paragraph (a) or paragraph (b).

2856

     (9) "Commuter rail service" means the transportation of

2857

commuter rail passengers and other passengers by rail pursuant to

2858

a rail program provided by the department or any other

2859

governmental entities.

2860

     (10) "Rail corridor invitee" means and includes any and all

2861

persons who are on or about a department-owned rail corridor:

2862

     (a) For any purpose related to any ancillary development

2863

thereon; or

2864

     (b) Meeting, assisting, or in the company of any person

2865

described in paragraph (a).

2866

     (11) "Rail corridor" means a linear contiguous strip of

2867

real property that is used for rail service. The term includes

2868

the corridor and structures essential to the operation of a

2869

railroad, including the land, structures, improvements, rights-

2870

of-way, easements, rail lines, rail beds, guideway structures,

2871

switches, yards, parking facilities, power relays, switching

2872

houses, rail stations, ancillary development, and any other

2873

facilities or equipment used for the purposes of construction,

2874

operation, or maintenance of a railroad that provides rail

2875

service.

2876

     (12) "Railroad operations" means the use of the rail

2877

corridor to conduct commuter rail service, intercity rail

2878

passenger service, or freight rail service.

2879

     (13) "Ancillary development" includes any lessee or

2880

licensee of the department, including, but not limited to, other

2881

governmental entities, vendors, retailers, restaurateurs, or

2882

contract service providers, within a department-owned rail

2883

corridor, except for providers of commuter rail service,

2884

intercity rail passenger service, or freight rail service.

2885

     (14) "Governmental entity" or "entities" means as defined

2886

in s. 11.45, including a "public agency" as defined in s. 163.01.

2887

     Section 67.  Present subsection (17) of Section 341.302,

2888

Florida Statutes, is redesignated as subsection (19) and new

2889

subsections (17) and (18) are added to that section, to read:

2890

     341.302  Rail program, duties and responsibilities of the

2891

department.--The department, in conjunction with other

2892

governmental entities units and the private sector, shall develop

2893

and implement a rail program of statewide application designed to

2894

ensure the proper maintenance, safety, revitalization, and

2895

expansion of the rail system to assure its continued and

2896

increased availability to respond to statewide mobility needs.

2897

Within the resources provided pursuant to chapter 216, and as

2898

authorized under federal law Title 49 C.F.R. part 212, the

2899

department shall:

2900

     (17) The department is authorized to purchase the required

2901

right-of-way, improvements, and appurtenances of the A-Line rail

2902

corridor from CSX Transportation, Inc., for a maximum purchase

2903

price of $450 million for the primary purpose of implementing

2904

commuter rail service in what is commonly identified as the

2905

Central Florida Rail Corridor, and consisting of an approximately

2906

61.5-mile section of the existing A-Line rail corridor running

2907

from a point at or near Deland, Florida to a point at or near

2908

Poinciana, Florida.

2909

     (18) Prior to operation of commuter rail in Central

2910

Florida, CSX and the department shall enter into a written

2911

agreement with the labor unions which will protect the interests

2912

of the employees who could be adversely affected.

2913

     (19) In conjunction with the acquisition, ownership,

2914

construction, operation, maintenance, and management of a rail

2915

corridor, the department shall have the authority to:

2916

     (a) Assume the obligation by contract to forever protect,

2917

defend, and indemnify and hold harmless the freight rail

2918

operator, or its successors, from whom the department has

2919

acquired a real property interest in the rail corridor, and that

2920

freight rail operator's officers, agents, and employees, from and

2921

against any liability, cost, and expense including, but not

2922

limited to, commuter rail passengers, rail corridor invitees, and

2923

trespassers in the rail corridor, regardless of whether the loss,

2924

damage, destruction, injury, or death giving rise to any such

2925

liability, cost, or expense is caused in whole or in part and to

2926

whatever nature or degree by the fault, failure, negligence,

2927

misconduct, nonfeasance, or misfeasance of such freight rail

2928

operator, its successors, or its officers, agents, and employees,

2929

or any other person or persons whomsoever, provided that such

2930

assumption of liability of the department by contract shall not

2931

in any instance exceed the following parameters of allocation of

2932

risk:

2933

     1. The department may be solely responsible for any loss,

2934

injury, or damage to commuter rail passengers, rail corridor

2935

invitees, or trespassers, regardless of circumstances or cause,

2936

subject to subparagraphs 2., 3., and 4.

2937

     2. When only one train is involved in an incident, the

2938

department may be solely responsible for any loss, injury, or

2939

damage if the train is a department train or other train pursuant

2940

to subparagraph 3., but only if in an instance when only a

2941

freight rail operator train is involved the freight rail operator

2942

is solely responsible for any loss, injury, or damage, except for

2943

commuter rail passengers, rail corridor invitees, and

2944

trespassers, and the freight rail operator is solely responsible

2945

for its property and all of its people in any instance when its

2946

train is involved in an incident.

2947

     3. For the purposes of this subsection, any train involved

2948

in an incident that is neither the department's train nor the

2949

freight rail operator's train, hereinafter referred to in this

2950

subsection as an "other train," may be treated as a department

2951

train, solely for purposes of any allocation of liability between

2952

the department and the freight rail operator only, but only if

2953

the department and the freight rail operator share responsibility

2954

equally as to third parties outside the rail corridor who incur

2955

loss, injury, or damage as a result of any incident involving

2956

both a department train and a freight rail operator train, and

2957

the allocation as between the department and the freight rail

2958

operator, regardless of whether the other train is treated as a

2959

department train, shall remain one-half each as to third parties

2960

outside the rail corridor who incur loss, injury, or damage as a

2961

result of the incident, and the involvement of any other train

2962

shall not alter the sharing of equal responsibility as to third

2963

parties outside the rail corridor who incur loss, injury, or

2964

damage as a result of the incident.

2965

     4. When more than one train is involved in an incident:

2966

     a. If only a department train and a freight rail operator's

2967

train, or only another train as described in subparagraph 3. and

2968

a freight rail operator's train, are involved in an incident, the

2969

department may be responsible for its property and all of its

2970

people, all commuter rail passengers, rail corridor invitees, and

2971

trespassers, but only if the freight rail operator is responsible

2972

for its property and all of its people, and the department and

2973

the freight rail operator share responsibility one-half each as

2974

to third parties outside the rail corridor who incur loss,

2975

injury, or damage as a result of the incident.

2976

     b. If a department train, a freight rail operator train,

2977

and any other train are involved in an incident, the allocation

2978

of liability as between the department and the freight rail

2979

operator, regardless of whether the other train is treated as a

2980

department train, shall remain one-half each as to third parties

2981

outside the rail corridor who incur loss, injury, or damage as a

2982

result of the incident; the involvement of any other train shall

2983

not alter the sharing of equal responsibility as to third parties

2984

outside the rail corridor who incur loss, injury, or damage as a

2985

result of the incident; and, if the owner, operator, or insurer

2986

of the other train makes any payment to injured third parties

2987

outside the rail corridor who incur loss, injury, or damage as a

2988

result of the incident, the allocation of credit between the

2989

department and the freight rail operator as to such payment shall

2990

not in any case reduce the freight rail operator's third party

2991

sharing allocation of one-half under this paragraph to less than

2992

one-third of the total third party liability.

2993

     5. Any such contractual duty to protect, defend, indemnify,

2994

and hold harmless such a freight rail operator shall expressly

2995

include a specific cap on the amount of the contractual duty,

2996

which amount shall not exceed $200 million without prior

2997

legislative approval; require the department to purchase

2998

liability insurance and establish a self-insurance retention fund

2999

in the amount of the specific cap established under this

3000

paragraph; provide that no such contractual duty shall in any

3001

case be effective nor otherwise extend the department's liability

3002

in scope and effect beyond the contractual liability insurance

3003

and self-insurance retention fund required pursuant to this

3004

paragraph; and provide that the freight rail operator's

3005

compensation to the department for future use of the department's

3006

rail corridor shall include a monetary contribution to the cost

3007

of such liability coverage for the sole benefit of the freight

3008

rail operator.

3009

     (b) Purchase liability insurance which amount shall not

3010

exceed $250 million and establish a self-insurance retention fund

3011

for the purpose of paying the deductible limit established in the

3012

insurance policies it may obtain, including coverage for the

3013

department, any freight rail operator as described in paragraph

3014

(a), commuter rail service providers, governmental entities, or

3015

ancillary development; however, the insureds shall pay a

3016

reasonable monetary contribution to the cost of such liability

3017

coverage for the sole benefit of the insured. Such insurance and

3018

self-insurance retention fund may provide coverage for all

3019

damages, including, but not limited to, compensatory, special,

3020

and exemplary, and be maintained to provide an adequate fund to

3021

cover claims and liabilities for loss, injury, or damage arising

3022

out of or connected with the ownership, operation, maintenance,

3023

and management of a rail corridor.

3024

     (c) Incur expenses for the purchase of advertisements,

3025

marketing, and promotional items.

3026

3027

Neither the assumption by contract to protect, defend, indemnify,

3028

and hold harmless; the purchase of insurance; nor the

3029

establishment of a self-insurance retention fund shall be deemed

3030

to be a waiver of any defense of sovereign immunity for torts nor

3031

deemed to increase the limits of the department's or the

3032

governmental entity's liability for torts as provided in s.

3033

768.28. The requirements of s. 287.022(1) shall not apply to the

3034

purchase of any insurance hereunder. The provisions of this

3035

subsection shall apply and inure fully as to any other

3036

governmental entity providing commuter rail service and

3037

constructing, operating, maintaining, or managing a rail corridor

3038

on publicly owned right-of-way under contract by the governmental

3039

entity with the department or a governmental entity designated by

3040

the department.

3041

     Section 68.  Paragraph (d) of subsection (10) of section

3042

768.28, Florida Statutes, is amended to read:

3043

     768.28  Waiver of sovereign immunity in tort actions;

3044

recovery limits; limitation on attorney fees; statute of

3045

limitations; exclusions; indemnification; risk management

3046

programs.--

3047

     (10)

3048

     (d)  For the purposes of this section, operators,

3049

dispatchers, and providers of security for rail services and rail

3050

facility maintenance providers in the South Florida Rail Corridor

3051

or the Central Florida Rail Corridor, or any of their employees

3052

or agents, performing such services under contract with and on

3053

behalf of the South Florida Regional Transportation Authority or

3054

the Department of Transportation shall be considered agents of

3055

the state while acting within the scope of and pursuant to

3056

guidelines established in the said contract or by rule; provided,

3057

however, that the state, for itself, the Department of

3058

Transportation, and such agents, hereby waives sovereign immunity

3059

for liability for torts within the limits of insurance and self

3060

insurance coverage provided for each rail corridor, which

3061

coverage shall not be less than $250 million per year aggregate

3062

coverage per corridor with limits of not less than $250,000 per

3063

person and $500,000 per incident or occurrence. Notwithstanding

3064

subsection (8), an attorney may charge, demand, receive, or

3065

collect, for services rendered, fees up to 40 percent of any

3066

judgment or settlement related to the South Florida Rail Corridor

3067

or the Central Florida Rail Corridor. This subsection shall not

3068

be construed as designating persons providing contracted

3069

operator, dispatcher, security officer, rail facility

3070

maintenance, or other services as employees or agents for the

3071

state for purposes of the Federal Employers Liability Act, the

3072

Federal Railway Labor Act, or chapter 440.

3073

     Section 69. Notwithstanding any provision of chapter 74-

3074

400, Laws of Florida, public funds may be used for the alteration

3075

of Old Cutler Road, between Southwest 136th Street and Southwest

3076

184th Street, in the Village of Palmetto Bay.

3077

     (1) The alteration may include the installation of

3078

sidewalks, curbing, and landscaping to enhance pedestrian access

3079

to the road.

3080

     (2) The official approval of the project by the Department

3081

of State must be obtained before any alteration is started.

3082

     Section 70.  This act shall take effect July 1, 2008.

3083

3084

================ T I T L E  A M E N D M E N T ================

3085

And the title is amended as follows:

3086

     Delete everything before the enacting clause

3087

and insert:

3088

A bill to be entitled

3089

An act relating to the Department of Transportation;

3090

amending s. 20.23, F.S.; providing Senior Management

3091

Service status to the Executive Director of the Florida

3092

Transportation Commission; amending s. 125.42, F.S.;

3093

providing an exception to utility owners from the

3094

responsibility for relocating utilities along county roads

3095

and highways; amending s. 163.3177, F.S.; revising

3096

requirements for comprehensive plans; providing for

3097

airports, land adjacent to airports, and certain

3098

interlocal agreements relating thereto in certain elements

3099

of the plan; amending s. 163.3178, F.S.; providing that

3100

facilities determined by the Department of Community

3101

Affairs and the applicable general-purpose local

3102

government to be port-related industrial or commercial

3103

projects located within 3 miles of or in the port master

3104

plan area which rely upon the utilization of port and

3105

intermodal transportation facilities are not developments

3106

of regional impact under certain circumstances; amending

3107

s. 163.3180, F.S.; requiring the Department of

3108

Transportation to establish a transportation methodology

3109

to serve as the basis for sustainable development impact

3110

assessments; defining the terms "present value" and

3111

"backlogged transportation facility"; amending s.

3112

163.3182, F.S., relating to transportation concurrency

3113

backlog authorities; providing legislative findings and

3114

declarations; expanding the power of authorities to borrow

3115

money to include issuing certain debt obligations;

3116

providing a maximum maturity date for certain debt

3117

incurred to finance or refinance certain transportation

3118

concurrency backlog projects; authorizing authorities to

3119

continue operations and administer certain trust funds for

3120

the period of the remaining outstanding debt; requiring

3121

local transportation concurrency backlog trust funds to

3122

continue to be funded for certain purposes; providing for

3123

increased ad valorem tax increment funding for such trust

3124

funds under certain circumstances; revising provisions for

3125

dissolution of an authority; providing legislative

3126

findings relating to investment of funds from the Lawton

3127

Chiles Endowment Fund in Florida infrastructure by the

3128

State Board of Administration; providing that such

3129

investment is the policy of the State Board of

3130

Administration; amending s. 215.44, F.S.; including

3131

infrastructure investments in annual reporting

3132

requirements of State Board of Administration; amending s.

3133

215.47, F.S.; increasing the maximum allowable percent of

3134

any fund in alternative investments or infrastructure

3135

investments; defining infrastructure investments; amending

3136

s. 215.5601, F.S.; directing the State Board of

3137

Administration to lease Alligator Alley for up to 50 years

3138

from the Department of Transportation using funds from the

3139

Lawton Chiles Endowment; limiting the investment of funds

3140

to between 20 and 50 percent of the endowment's assets;

3141

requiring a report to the Legislature; authorizing the

3142

board to contract with other government, public, and

3143

private entities to operate and maintain the toll

3144

facility; creating s. 334.305, F.S.; providing a finding

3145

of public need for leasing transportation facilities to

3146

expedite provision of additional facilities; providing

3147

that infrastructure investment agreements may not be

3148

impaired by state or local act; authorizing a lease

3149

agreement of up to 50 years for Alligator Alley;

3150

authorizing the engagement of private consultants to

3151

develop the agreement; directing funds received by the

3152

department under such provisions to the State

3153

Transportation Trust Fund; providing requirements for the

3154

lease agreement; requiring adherence to state and federal

3155

laws and standards for the operation and maintenance of

3156

transportation facilities; requiring the regulation of

3157

toll increases; authorizing state action to remedy

3158

impairments to the lease agreement; requiring an

3159

independent cost-effectiveness analysis and traffic and

3160

revenue study; limiting the use of funds received under

3161

the act to transportation uses; requiring specifications

3162

for construction, engineering, maintenance, and law

3163

enforcement activities in lease agreements; allowing the

3164

department to submit to the Legislative Budget Commission

3165

a plan for advancing transportation projects using funds

3166

received from a lease; requiring remaining toll revenue to

3167

be used in accordance with the lease agreement and s.

3168

338.26, F.S.; confirming the ability of the State Board of

3169

Administration to invest in government-owned

3170

infrastructure; providing legislative intent relating to

3171

road rage and aggressive careless driving; amending s.

3172

316.003, F.S.; defining the term "road rage"; amending s.

3173

316.083, F.S.; requiring an operator of a motor vehicle to

3174

yield the left lane when being overtaken on a multilane

3175

highway; providing exceptions; amending s. 316.1923, F.S.;

3176

revising the number of specified acts necessary to qualify

3177

as an aggressive careless driver; providing specified

3178

punishments for aggressive careless driving; specifying

3179

the allocation of moneys received from the increased fine

3180

imposed for aggressive careless driving; amending s.

3181

318.19, F.S.; providing that a second or subsequent

3182

infraction as an aggressive careless driver requires

3183

attendance at a mandatory hearing; providing for the

3184

disposition of the increased penalties; requiring the

3185

Department of Highway Safety and Motor Vehicles to provide

3186

information about road rage and aggressive careless

3187

driving in driver's license educational materials;

3188

reenacting s. 316.650(1)(a), F.S., relating to traffic

3189

citations, to incorporate the amendments made to s.

3190

316.1923, F.S., in a reference thereto; amending s.

3191

316.0741, F.S.; redefining the term "hybrid vehicle";

3192

authorizing the driving of a hybrid, low-emission, or

3193

energy-efficient vehicle in a high-occupancy-vehicle lane

3194

regardless of occupancy; authorizing the department to

3195

limit or discontinue such driving under certain

3196

circumstances; exempting such vehicles from the payment of

3197

certain tolls; amending s. 316.193, F.S.; lowering the

3198

blood-alcohol or breath-alcohol level for which enhanced

3199

penalties are imposed against a person who was accompanied

3200

in the vehicle by a minor at the time of the offense;

3201

clarifying that an ignition interlock device is installed

3202

for a continuous period; amending s. 316.302, F.S.;

3203

revising the application of certain federal rules;

3204

providing for the department to perform certain duties

3205

assigned under federal rules; updating a reference to

3206

federal provisions governing out-of-service requirements

3207

for commercial vehicles; amending ss. 316.613 and 316.614,

3208

F.S.; revising the definition of "motor vehicle" for

3209

purposes of child restraint and safety belt usage

3210

requirements; amending s. 316.656, F.S.; lowering the

3211

percentage of blood or breath alcohol content relating to

3212

the prohibition against pleading guilty to a lesser

3213

offense of driving under the influence than the offense

3214

charged; amending s. 320.03, F.S.; revising the amount of

3215

a nonrefundable fee that is charged on the initial and

3216

renewal registration for certain automobiles and trucks;

3217

amending s. 322.64, F.S.; providing that refusal to submit

3218

to a breath, urine, or blood test disqualifies a person

3219

from operating a commercial motor vehicle; providing a

3220

period of disqualification if a person has an unlawful

3221

blood-alcohol or breath-alcohol level; providing for

3222

issuance of a notice of disqualification; revising the

3223

requirements for a formal review hearing following a

3224

person's disqualification from operating a commercial

3225

motor vehicle; amending s. 336.41, F.S.; providing that a

3226

county, municipality, or special district may not own or

3227

operate an asphalt plant or a portable or stationary

3228

concrete batch plant having an independent mixer; amending

3229

s. 337.11, F.S.; establishing a goal for the procurement

3230

of design-build contracts; amending s. 337.18, F.S.;

3231

revising the recording requirements of payment and

3232

performance bonds; amending s. 337.185, F.S.; providing

3233

for maintenance contracts to be included in the types of

3234

claims settled by the State Arbitration Board; amending s.

3235

337.403, F.S.; providing for the department or a local

3236

governmental entity to pay the costs of removing or

3237

relocating a utility that is interfering with the use of a

3238

road or rail corridor; amending s. 338.01, F.S.; requiring

3239

that newly installed electronic toll collection systems be

3240

interoperable with the department's electronic toll

3241

collection system; amending s. 338.165, F.S.; providing

3242

that provisions requiring the continuation of tolls

3243

following the discharge of bond indebtedness does not

3244

apply to high-occupancy toll lanes or express lanes;

3245

creating s. 338.166, F.S.; authorizing the department to

3246

request that bonds be issued which are secured by toll

3247

revenues from high-occupancy toll or express lanes in a

3248

specified location; providing for the department to

3249

continue to collect tolls after discharge of indebtedness;

3250

authorizing the use of excess toll revenues for

3251

improvements to the State Highway System; authorizing the

3252

implementation of variable rate tolls on high-occupancy

3253

toll lanes or express lanes; amending s. 338.2216, F.S.;

3254

directing the turnpike enterprise to develop new

3255

technologies and processes for the collection of tolls and

3256

usage fees; prohibiting the enterprise from entering into

3257

certain joint contracts for the sale of fuel and other

3258

goods; providing an exception; providing restrictions on

3259

contracts pertaining to service plazas; amending s.

3260

338.223, F.S.; conforming a cross-reference; amending s.

3261

338.231, F.S.; eliminating reference to uniform toll rates

3262

on the Florida Turnpike System; authorizing the department

3263

to fix by rule and collect the amounts needed to cover

3264

toll collection costs; directing the turnpike enterprise

3265

to increase tolls; amending s. 339.12, F.S.; clarifying a

3266

provision specifying a maximum total amount of project

3267

agreements for certain projects; authorizing the

3268

department to enter into certain agreements with counties

3269

having a specified maximum population; defining the term

3270

"project phase"; requiring that a project or project phase

3271

be a high priority of a governmental entity; providing for

3272

reimbursement for a project or project phase; specifying a

3273

maximum total amount for certain projects and project

3274

phases; requiring that such project be included in the

3275

local government's adopted comprehensive plan; authorizing

3276

the department to enter into long-term repayment

3277

agreements up to a specified maximum length; amending s.

3278

339.135, F.S.; revising certain notice provisions that

3279

require the Department of Transportation to notify local

3280

governments regarding amendments to an adopted 5-year work

3281

program; amending s. 339.155, F.S.; revising provisions

3282

for development of the Florida Transportation Plan;

3283

amending s. 339.2816, F.S., relating to the small county

3284

road assistance program; providing for resumption of

3285

certain funding for the program; revising the criteria for

3286

counties eligible to participate in the program; amending

3287

ss. 339.2819 and 339.285, F.S.; conforming cross-

3288

references; amending s. 348.0003, F.S.; providing for

3289

financial disclosure for expressway, transportation,

3290

bridge, and toll authorities; amending s. 348.0004, F.S.;

3291

providing for certain expressway authorities to index toll

3292

rate increases; repealing part III of ch. 343 F.S.;

3293

abolishing the Tampa Bay Commuter Transit Authority;

3294

requiring the department to conduct a study of

3295

transportation alternatives for the Interstate 95

3296

corridor; amending s. 409.908, F.S.; authorizing the

3297

Agency for Health Care Administration to continue to

3298

contract for Medicaid nonemergency transportation services

3299

in a specified agency service area with managed care plans

3300

under certain conditions; amending s. 427.011, F.S.;

3301

revising definitions; defining the term "purchasing

3302

agency"; amending s. 427.012, F.S.; revising the number of

3303

members required for a quorum at a meeting of the

3304

Commission for the Transportation Disadvantaged; amending

3305

s. 427.013, F.S.; revising responsibilities of the

3306

commission; deleting a requirement that the commission

3307

establish by rule acceptable ranges of trip costs;

3308

removing a provision for functioning and oversight of the

3309

quality assurance and management review program; requiring

3310

the commission to incur expenses for promotional services

3311

and items; amending s. 427.0135, F.S.; revising and

3312

creating duties and responsibilities for agencies that

3313

purchase transportation services for the transportation

3314

disadvantaged; providing requirements for the payment of

3315

rates; requiring an agency to negotiate with the

3316

commission before procuring transportation disadvantaged

3317

services; requiring an agency to identify its allocation

3318

for transportation disadvantaged services in its

3319

legislative budget request; amending s. 427.015, F.S.;

3320

revising provisions relating to the function of the

3321

metropolitan planning organization or designated official

3322

planning agency; amending s. 427.0155, F.S.; revising

3323

duties of community transportation coordinators; amending

3324

s. 427.0157, F.S.; revising duties of coordinating boards;

3325

amending s. 427.0158, F.S.; deleting provisions requiring

3326

the school board to provide information relating to school

3327

buses to the transportation coordinator; providing for the

3328

transportation coordinator to request certain information

3329

regarding public transportation; amending s. 427.0159,

3330

F.S.; revising provisions relating to the Transportation

3331

Disadvantaged Trust Fund; providing for the deposit of

3332

funds by an agency purchasing transportation services;

3333

amending s. 427.016, F.S.; providing for construction and

3334

application of specified provisions to certain acts of a

3335

purchasing agency in lieu of the Medicaid agency;

3336

requiring that an agency identify the allocation of funds

3337

for transportation disadvantaged services in its

3338

legislative budget request; amending s. 479.01, F.S.;

3339

redefining the term "automatic changeable facing" as used

3340

in provisions governing outdoor advertising; amending s.

3341

479.07, F.S.; revising the locations within which signs

3342

require permitting; providing requirements for the

3343

placement of permit tags; requiring the department to

3344

establish by rule a service fee and specifications for

3345

replacement tags; amending s. 479.08, F.S.; deleting a

3346

provision allowing a sign permittee to correct false

3347

information that was knowingly provided to the department;

3348

requiring the department to include certain information in

3349

the notice of violation; amending s. 479.156, F.S.;

3350

modifying local government control of the regulation of

3351

wall murals adjacent to certain federal highways; amending

3352

s. 479.261, F.S.; revising requirements for the logo sign

3353

program of the interstate highway system; deleting

3354

provisions providing for permits to be awarded to the

3355

highest bidders; requiring the department to implement a

3356

rotation-based logo program; requiring the department to

3357

adopt rules that set reasonable rates based on certain

3358

factors for annual permit fees; requiring that such fees

3359

not exceed a certain amount for sign locations inside and

3360

outside an urban area; amending s. 212.0606, F.S.;

3361

providing for the imposition by countywide referendum of

3362

an additional surcharge on the lease or rental of a motor

3363

vehicle; providing the proceeds of the surcharge to be

3364

transferred to the Local Option Fuel Tax Trust Fund and

3365

used for the construction and maintenance of commuter rail

3366

service facilities; amending s. 341.301, F.S.; providing

3367

definitions relating to commuter rail service, rail

3368

corridors, and railroad operation for purposes of the rail

3369

program within the department; amending s. 341.302, F.S.;

3370

authorizing the department to purchase specified property

3371

for the purpose of implementing commuter rail service;

3372

authorizing the department to assume certain liability on

3373

a rail corridor; authorizing the department to indemnify

3374

and hold harmless a railroad company when the department

3375

acquires a rail corridor from the company; providing

3376

allocation of risk; providing a specific cap on the amount

3377

of the contractual duty for such indemnification;

3378

authorizing the department to purchase and provide

3379

insurance in relation to rail corridors; authorizing

3380

marketing and promotional expenses; extending provisions

3381

to other governmental entities providing commuter rail

3382

service on public right-of-way; amending s. 768.28, F.S.;

3383

expanding the list of entities considered agents of the

3384

state; providing for construction in relation to certain

3385

federal laws; authorizing the expenditure of public funds

3386

for certain alterations of Old Cutler Road in the Village

3387

of Palmetto Bay; requiring the official approval of the

3388

Department of State before any alterations may begin;

3389

providing an effective date.

4/30/2008  10:51:00 AM     TR.20.09214

CODING: Words stricken are deletions; words underlined are additions.

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